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Calcutta High Court

Calcutta HC directs CBDT to dispose Representation made U/s 194O

September 15, 2021 2331 Views 0 comment Print

Mjunction Services Ltd. Vs Union of India (Calcutta High Court) HC directs CBDT to dispose the representation made U/S 194O: A single judge bench of the Calcutta High court on hearing the writ petition filed by the Mjunction Services Ltd.directed the Central Board of Direct Taxes (CBDT) to consider and dispose the representation regarding section […]

ITAT remands case back to AO- Reassessment based on change of opinion

September 15, 2021 3327 Views 0 comment Print

Magma HDI General Insurance Co. Ltd. Vs. ITO (Calcutta High Court) Mr. Dutta could not satisfy this Court about what new material of documents came into the possession of the Assessing Officer after the order of assessment under Section 143(3) of the Act, which were not produced by the assessee before the Assessing Officer in […]

No rectification under section 154 in section 264 Revisional order on new issues

August 23, 2021 2385 Views 0 comment Print

Rakesh Agarwal Vs ITO (Calcutta High Court) The Court:-The petitioner has challenged the impugned order dated 20th December, 2011 rejecting the petitioner’s application under Section 154 of the Income Tax Act, 1961 for rectification of the alleged mistake in the order dated 22nd December, 2011 passed under Section 264 of the Act on the ground […]

Income Tax refund cannot be withheld without assigning any reason

August 6, 2021 7758 Views 0 comment Print

If a statute provides an act to be done by a particular authority and in a particular manner, it should only be done by that authority and in that manner or not at all noted that the Respondent acted arbitrarily by withholding the refund without assigning any reason though the statute mandates for recording the same.

HC stays section 148 notice issued without complying section 148A

August 2, 2021 3690 Views 0 comment Print

Bhagwati Prasad Jalan Vs  Union Of India And Ors. (Calcutta High Court) The learned Advocate for the respondents is not able to deny the allegations of the petitioners that Section 148A provisions of the Income Tax Act, 1961 was not complied with in this case before issuing notice under Section 148 of the said Act and […]

HC direct appellant to file application to CBDT for condonation of delay in Filing Form No.10

July 26, 2021 1407 Views 0 comment Print

Tripura Cricket Association Vs ACIT (Calcutta High Court) The case of the petitioner in short is that the petitioner is the governing body for cricket of the Tripura State and it is affiliated to the Board of Control of India (BCCI) and it is the case of the petitioner that it was enjoying exemption under […]

Calcutta HC too stays reassessment proceedings U/s. 148 R.W. 148A

July 15, 2021 15387 Views 0 comment Print

Honourable Calcutta High Court too stayed the reassessment proceedings under section 148 read with section 148A , notices issued post 31/03/2021 and the notifications of extension of notices , following the ratio of the other HC judgements on similar issues . Interim order of STAY PASSED 

HC stays section 148 notice for non-compliance of Section 148A

July 15, 2021 2526 Views 0 comment Print

Bagaria Properties and Investments Private Limited & Anr. Vs Union of India and Ors. (Calcutta High Court) The Court:-In this matter petitioners have challenged the impugned notices dated 29th May, 2021 and 18th June, 2021 relating to assessment years 2014-15 and 20 15-16 respectively under Section 148 of the Income Tax Act, 1961 on the […]

Calcutta HC restrains TDS deduction under Section 194N

July 8, 2021 42750 Views 4 comments Print

Calcutta High Court issues interim order in Apeejay Tea Ltd. petition challenging constitutional validity of Income Tax Section 194N. Stay till September 30, 2021.

Constitutional validity of Rule 86A of CGST Rules challenged

June 29, 2021 3336 Views 0 comment Print

MRS Realty Private Ltd. and Anr. Vs Union of India and Ors. (Calcutta High Court) Calcutta High Court issued a notices to the Centre as well as State Government in a writ petition where vires of Rule 86A was also challenged and it was also prayed to read down section 16(2)(c) of The CGST Act. […]

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