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Calcutta High Court

Calcutta HC directs Sales Tax Dept. to accept ‘D’ Forms & allow concessional tax rate

June 17, 2022 660 Views 0 comment Print

Instant Writ Petition has been filed against action of Sales Tax Department concerned denying it concessional rate of tax on sales made by it

HC set aside GST order as opportunity of personal hearing not provided

June 17, 2022 1473 Views 0 comment Print

High Court  set aside the assessment order passed U/s.74 of the WBGST Act, as no opportunity of personal hearing was provided to the petitioners, although the same was specifically asked from the authorities.

HC set aside Order passed before expiry of time granted by AO to reply to draft assessment

June 16, 2022 1032 Views 0 comment Print

Bhadrish Jayantilal Sheth Vs ITO (Calcutta High Court) In this writ petition, petitioner has challenged the impugned assessment order dated 30th March, 2022 under Section 147 read with Section 144B of the Income Tax Act, 1961 relating to assessment year 2013-2014 on the ground of violation of principle of natural justice by not providing the […]

Buyer Not Responsible For Non Payment of GST by Seller

June 16, 2022 232365 Views 0 comment Print

Petitioners further submit that they have paid the amount of purchases in question as well as tax on the same not in cash and all transactions were through banks and petitioners are helpless if at some point of time after the transactions were over,

Penny Stocks Bogus Capital Gain – Calcutta HC upheld Additions

June 15, 2022 28161 Views 0 comment Print

Calcutta High Court order on Penny stock in which  Department’s appeal in penny stock case has been allowed. The Orders of AO and CIT(A) have been restored. Reversed the order of ITAT. The Court Held that : 1. The assessees cannot take shelter under the opinion given by the experts as it is not the […]

Exotic Live Species stock duly declared as per advisory, summon illegal

June 14, 2022 2829 Views 0 comment Print

Stock of Exotic Live Spices was declared as per Voluntary Disclosure Scheme titled as ‘Advisory for Dealing with Import of Exotic Live Species in India and declaration of stock’ accordingly held that summon issued to the appellant by the respondent no. 3 is bad in law and illegal.

Order deleting section 68 additions after elaborate factual exercise is valid

June 11, 2022 702 Views 0 comment Print

PCIT Vs Anmol Stainless Pvt. Ltd. (Calcutta High Court) We find from the order passed by the tribunal that the assessing officer has complied with the direction issued by the CIT(A) and has given effect to the order and no adverse finding has been recorded by the assessing officer and accordingly the addition was deleted. […]

Give Assessee opportunity of hearing before passing Section 148A order: HC

June 11, 2022 1791 Views 0 comment Print

Inner Wheel Club of Central Calcutta Vs Union of India & Ors. (Calcutta High Court) HC directs Income Tax Authorities to consider Representations made on 25/03/2022 and subsequent dates and then pass Order under sec 148A(d). They have been also directed to give the assessee opportunity of hearing. FULL TEXT OF THE ORDER OF CALCUTTA […]

Reasonable opportunity must be given to taxpayer to submit evidences impacting tax liability

June 10, 2022 981 Views 0 comment Print

Tax authorities are to adjudicate upon the tax liability in accordance with law. The liability to taxation in respect of assessee should not escape assessee and likewise where the assessee was not in a position to show certain evidences which impacts the tax liability, reasonable opportunity should be afforded to such assessee to bring such evidences to the notice of the tax authorities.

Vehicle cannot be detained due to expiry of second e-way bill when first e-way bill is valid

June 8, 2022 3726 Views 0 comment Print

HC Held that, the Revenue Department could not have intercepted or detained the vehicle in the absence of a second e-way bill as the first e-way bill was valid during the interception period.

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