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Calcutta High Court

Arbitral award cannot sustain in absence of proper reasoning & evidences

September 7, 2022 3267 Views 0 comment Print

Calcutta High Court have allowed appeal under Section 34 of the Arbitration and Conciliation Act, 1996 on the issue that the arbitrator has not furnished any arithmetical basis or any documentary evidence to support the claim awarded to the respondent as Reasons are the links between the materials on which certain conclusions are based and the actual conclusions.

Reassessment order not based on reasons of Notice is not sustainable

September 6, 2022 2211 Views 0 comment Print

Excel Commodity And Derivative Pvt. Ltd Vs Union of India (Calcutta High Court) The appellant/assessee was issued notice under Section 148A(b) of the Act dated 22nd March, 2022. The sum and substance of the allegation in the notice was that the appellant/assessee has done fictitious derivative transactions with M/s. Blueview Tradecom Pvt. Ltd. The assessee […]

No Bar on CENVAT Credit availment Under Rule 3(7) When CVD Availed

September 5, 2022 1257 Views 0 comment Print

Taking into consideration Notification No. 12/2012-Cus there is no bar for availment of CENVAT Credit in terms of the Rule 3(7) where duty paid under Notification No. 12/2012-Cus and CENVAT Credit cannot be denied.

Calcutta HC quashes Section 148A(d) order for AY 2014-2015

August 30, 2022 3729 Views 0 comment Print

Ved Prakash Mittal Vs Union of India (Calcutta High Court) By this writ petition, petitioner has challenged the impugned order under Section 148A(d) of the Income Tax Act, 1961 dated 29th July, 2022, relating to the assessment year 2014-2015 on the ground that the same being without jurisdiction and being barred by limitation since the […]

AO has taken view on a debatable issue after due enquiries- Section 263 cannot be invoked

August 29, 2022 1950 Views 0 comment Print

PCIT Vs Britannia Industries Limited (Calcutta High Court) The short issue involved in this case is whether the Commissioner could have invoked his power under Section 263 of the Act on the ground that the Assessing Officer did not conduct proper enquiry. We need not labour much to decide this issue as the learned Tribunal […]

Notices issued to wrong Email address – HC set-aside Assessment order

August 29, 2022 4434 Views 0 comment Print

Due to technical fault in Income Tax portal notices were issued to a different e-mail address & same cannot be treated as service of Notice

HC quashes Assessment Order passed under Old Surrendered PAN

August 29, 2022 2796 Views 0 comment Print

Return was filed under the new PAN and in spite of that, assessing officer passed assessment order under old PAN – HC Quashed such order

GST recovery without issue of Section 74(9) Order – HC directs dept to issue SCN

August 29, 2022 1125 Views 0 comment Print

Appellant is aggrieved by the action of the respondents in allegedly recovering tax without issuance of any order under Section 74(9) of GST

One line order dismissing appeal for delay in submission is invalid

August 27, 2022 4278 Views 0 comment Print

HC set aside one line order dismissing appeal of assessee on the ground of delay in submission without supporting detailed reasons

Calcutta High court stays reassessment proceedings on ground of time barred

August 25, 2022 9714 Views 0 comment Print

SS Commotrade Private Limited Vs ITO (Calcutta High court) By this writ petition, petitioner has challenged the impugned order dated 30th July, 2022 under Section 148A(d) of the Income Tax Act, 1961 relating to assessment year 2014-15, and, all subsequent proceedings based on the impugned notice dated 29th June, 2021 under Section 148 of the […]

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