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Calcutta High Court

Faceless Assessment order quashed as password for VC not provided

October 12, 2021 16134 Views 0 comment Print

Neeraja Rateria Vs National Faceless Appeal Centre Delhi (Calcutta High Court) The Court: Heard learned advocates appearing for the parties. In this matter the petitioner has challenged the impugned assessment order dated 26th August, 2021 passed under section 143(3) read with section 144B of the Income Tax Act relating to assessment year 2018-19 and subsequent […]

HC quashes faceless assessment order for not providing password for Video conference link

October 11, 2021 2853 Views 0 comment Print

The Calcutta High court in this case was considering the writ petition where the petitioner contended that the assessment was made in disregard of the violation of natural justice as the password for the Video Conferencing was not provided and relevant evidence was produced.

Section 153C order passed without disposing objection of Assessee Violates principle of natural justice

October 10, 2021 3411 Views 0 comment Print

Bajrang Tea Manufacturing Company Private Limited Vs Union of India (Calcutta High Court) I am of the view that a very short issue, according to me, involved in these writ petition is as to whether before passing the aforesaid impugned assessment orders, the objections/representations made by the petitioners against the initiation of impugned proceedings under […]

GST registration cancellation for work from Home; Pass reasoned & Speaking order: HC

October 10, 2021 2910 Views 0 comment Print

Temporarily petitioner was not carrying his business from the premises in question from officially registered premises and they were carrying business in question from home.

HC quashes Faceless Assessment Order Passed without Waiting for DRP direction

October 9, 2021 1494 Views 0 comment Print

Respondent was not in a position to defend and justify the action of the Respondent of passing the impugned assessment order in disregard to the aforesaid circular of the CBDT and also the action of the Respondent concerned in passing the impugned assessment order without getting any instruction from the DRP within the time stipulated under the statute.

Attachment of Bank accounts are not permitted after expiry of statutory time limit

October 7, 2021 4437 Views 0 comment Print

In present facts of the case, the Hon’ble Calcutta High Court allowed the Writ Petition filed by the Petitioner to operate his bank accounts and postal accounts in question, which were attached by the Respondent as time limit of 180 days under section 5 of the Prevention of Money Laundering Act, 2002 were expired.

HC declined to interfere with order of Settlement Commission & dismisses Writ Petition

October 2, 2021 2556 Views 0 comment Print

P. K. Bhawmick Vs Abhratosh Mazumdar (Calcutta High Court) HC was not inclined to interfere with the impugned order of the Settlement Commission in this Writ Petition and dismissed the same for the following reasons: i) Petitioner/Income Tax authorities have failed to make out any case in this Writ Petition that the learned Settlement Commission […]

SCN issued by DRI stayed for lack of authority under Customs Act

September 29, 2021 2484 Views 0 comment Print

Aktel By Proprietorship Anand Kumar & Ors. Vs Union of India And Ors. (Calcutta High Court) Current writ petition has been filed against Show Cause Notice dated April 13, 2020 (SCN) issued by the Directorate of Revenue Intelligence (“DRI”) under Section 124 read with Section 28 of the Customs Act, 1962 on the ground of […]

Section 154 of Customs Act cannot be invoked for compliance of original adjudication order

September 28, 2021 3810 Views 0 comment Print

M. K. Saha and Co. Vs Union of India (Calcutta High Court) Conclusion: In present facts of the case, the Hon’ble High Court observed that corrigendum under Section 154 of the Customs Act, 1962 is not sustainable in law since in the name of rectification of clerical or arithmetical or typographical mistake neither any additional […]

Income Tax Payable on Salary of a person staying in India for more than 182 days

September 22, 2021 1881 Views 0 comment Print

Tapas Kumar Basak Vs Assistant Director of Income Tax, International Taxation-II & Ors (Calcutta High Court) Tapas Kumar Basak (Petitioner) has challenged the impugned order dated January 25, 2007 passed by the Director of Income Tax (International Taxation), Kolkata (Respondent) treating the Petitioner as ‘Resident’ for having stayed in India for 182 days during the […]

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