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Calcutta High Court

Bar U/S 69 of Partnership Act not applicable to Arbitration Dispute of Unregistered Partnership Firm

October 13, 2022 4338 Views 0 comment Print

Md. Wasim Vs Bengal Refrigeration and Company (Calcutta High Court) The partnership deed containing the Arbitration Clause has not been disputed by the respondents. It is also not in dispute that it is an unregistered partnership deed. The objection of the respondents is in respect of the bar contained under Section 69 of the Act […]

Parallel GST Proceedings by different Wings of Same department for same Period not Permissible

October 13, 2022 6426 Views 0 comment Print

R. P. Buildcon Private Limited & ANr. Vs Superintendent, CGST & CX (Calcutta High Court) As could be seen from the records placed before this Court, we find that three wings of the same department are proceeding against the appellants for the very same period, i.e. financial years 2017- 2018, 2018-2019 and 2019-2020. The learned […]

Section 21 of Arbitration Act Must be complied with before Invoking Court’s Jurisdiction

October 13, 2022 19590 Views 0 comment Print

West Bengal Power Development Corporation Limited Vs Sical Mining Limited (Calcutta High Court) In this case application under Section 11 of Arbitration and Conciliation Act, 1996 has been filed to appoint the sole arbitrator to decide the dispute between the parties. Learned Counsel for the respondent has raised an objection that no notice making a […]

Denial of ITC due to cancellation of registration of supplier of goods with retrospective effect

October 12, 2022 10344 Views 0 comment Print

ACIT Vs LGW Industries Limited & ors. (Calcutta High Court) Hon’ble Division Bench of Calcutta high Court has dismissed the appeal of the department vide its judgment dated 16th September, 2022 in a dispute relating to denial of Input Tax credit due to cancellation of registration of supplier of goods with retrospective effect. Hon’ble single […]

Section 263 revision quashable if assessee duly produced all necessary details: HC

October 11, 2022 1107 Views 0 comment Print

It appears that after completing the assessment the assessing officer addressed the PCIT stating that certain error has occurred in the assessment order and requested him to review the order under section 263 of the Act.

Arbitrator assigning other person for interest quantification is against principle of natural justice

October 8, 2022 1599 Views 0 comment Print

Calcutta High Court held that an arbitrator cannot shun away his responsibilities and leave the work of quantification of awarded interest on chartered accountant. Accordingly, held that arbitration award suffers infirmity.

Denial of personal hearing & cross-examination violates principles of natural justice

September 30, 2022 2370 Views 0 comment Print

Dinesh Kumar Goyal Vs Union of India (Calcutta High Court) The Court :- This intra-Court Appeal by the writ petitioner is directed against the order dated 5th September, 2022 in WPO 2442 of 2022. In the said writ petition the appellant had challenged an order passed by the assessing officer under Section 148A(d) of the […]

Cenvat credit available on service tax paid to commission agent

September 28, 2022 2280 Views 1 comment Print

Calcutta High Court held that cenvat credit of service tax paid to the commission agent is available, as the commission so paid is included in the assessable value of the final product.

Retrospective amendment will not attract provisions of Section 263

September 26, 2022 1701 Views 0 comment Print

AI Champdany Industries Limited Vs Commissioner (Calcutta High Court) Hon’ble Supreme Court in the case of COMMISSIONER OF INCOME TAX VS. MAX INDIA LTD. 2007 295 ITR 282 (SC) had taken note of the fact that Section 80HHC had been amended eleven times and different views existed on the day, when the COMMISSIONER (therein) passed […]

HC quashes Section 148A order for not-providing sufficient information

September 21, 2022 2886 Views 0 comment Print

High Court held that reasons provided to the petitioner did not contain any information but it is titled as ‘cash related information detail’ and such information cannot be said to be sufficient for reopening of the assessment.

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