CIT Vs ITC Limited (Calcutta High Court) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in allowing the claim of the assessee for deduction under Section 80IC of the I.T. Act, 1961, amounting to Rs.72,21,948/- by disregarding that the captive undertaking is not entitled to […]
R N Fashion Vs Union of India And Ors (Calcutta High Court) In this case reply was uploaded online by the assessee on 21st March, 2022 and the time limit for filing the reply in terms of notice expired on 18th March, 2022 which was a public holiday and the following two days namely, 19th […]
Court is convinced that there has been violation of principles of natural justice inasmuch as the appellant was not furnished with full information based on which the assessment was sought to be reopened.
HC held that electricity generated from Waste Gas cannot be classified under chapter heading 2716 and hence, cannot be said to be exempted goods, since not excisable goods so as to warrant reversal of credit
Order of cancellation of registration was set aside by Tribunal and, therefore, direction was issued to assessing officer to assess assessee as a trust and not as AOP
Nexage Innovations Vs Deputy Commissioner of Customs & ors. (Calcutta High Court) Calcutta High Court directs removal of Risky exporter tag and allows refund of duty drawback and IGST claim Hon’ble Division Bench of the Hon’ble Calcutta High Court in the matter M/s. Nexage Innovations Vs. The Deputy Commissioner of Customs & Ors M.A.T. 916 of […]
Sailesh Chandra Dutta Vs Assistant Commissioner (Calcutta High Court) Calcutta High Court quashes garnishee proceedings and original assessment order passed in violation of natural justice against which no appeal preferred Hon’ble Division Bench of the Hon’ble Calcutta High Court in the matter Sailesh Chandra Dutta Vs. Assistant Commissioner, Raiganj Charge, Raiganj & Ors M.A.T. 1062 […]
The attachment of the overdraft bank account was done by way of initiation of garnishee proceedings as a sequel to an order of assessment which had attained finality as the appeal against such assessment order was filed before the wrong forum and mandatory pre deposit for the purpose of filing of the appeal was also not made.
The common but most important feature in all these cases was that the entitlement of the writ petitioners to the input credit had crystallized. This crystallized right, which had ripened into the vested right, was being denied on account of procedural problem.
Held that the conclusion that mere non-payment of duties is not equivalent to collusion or wilful misstatement or suppression of fact is untenable as the Act contemplates a positive action which betrays a negative intent of wilful default.
