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Calcutta High Court

Time limit commence from the date Assessee receives notice

January 7, 2022 2784 Views 1 comment Print

Pradip Kumar Saha vs. Union of India & ors. (Calcutta High Court) The case in hand is that the appellant came to know of the notice for the first time on 11.09.2021 at 14.19 hours and received the same by speed post but the appellant’s accountant entered the online portal to submit reply to the […]

Writ Petition challenging GST order not maintainable as Alternative Statutory Remedy available

January 1, 2022 6786 Views 0 comment Print

Ram Prasad Ganga Prasad Vs Assistant Commissioner (Calcutta High Court) In this writ petition, petitioners have challenged the impugned order of adjudication dated 1st November, 2021 passed by the GST Authority concerned as appears at page 47 to the writ petition. Main ground of challenge of the impugned adjudication order by the petitioners is that […]

TDS on income accrued outside the Indian territory for services rendered

December 30, 2021 1071 Views 0 comment Print

Tribunal held the addition to be erroneous and has considered in detail the nature and expenses in respect of which the assessee was sought to be penalized for not deducting the tax deducted at sources, holding that these expenses were in respect of the income accrued outside the territory for services rendered. With this finding the said question was rejected.

HC quashes Custom order passed in violation of Principle of Natural Justice (No Cross-examine Opportunity)

December 27, 2021 1428 Views 0 comment Print

It is recorded that this court has set aside the impugned adjudication order only on the ground of violation of principle of natural justice and has not gone into the merits of the case itself.

No Denial of ITC if transactions were genuine & supplier registration cancelled thereafter- HC

December 16, 2021 72939 Views 0 comment Print

LGW Industries Limited & Ors. Vs Union of India & Ors. (Calcutta High Court) 1. If all the purchases and transactions in question are genuine and supported by valid documents and transactions in question were made before the cancellation of registration of those suppliers and after taking into consideration the judgments of the Supreme Court […]

State Govt cannot deny genuine claim to purchase HSD oil at a concessional rate

December 9, 2021 3531 Views 0 comment Print

M/s. Tata Steel Ltd. & Anr Vs State of West Bengal & Ors. (Calcutta High Court) Facts- The main issue raised was whether petitioners/purchasing HSD oil dealers who have been denied a refund of excess tax by the Respondent State Government of West Bengal which was admittedly collected by it from the petitioners through the […]

Section 48 of Arbitration Act not permits review on merits of dispute

December 9, 2021 3633 Views 0 comment Print

EIG (Mauritius) Limited Vs McNally Bharat Engineering Company Limited (Calcutta High Court) Facts- An application for enforcement of a foreign arbitral award dated 19th June 2020 and an addendum dated 26th October 2020 moved by the petitioner (i.e., EIG Mauritius) against the respondent (i.e., McNally Bharat Engineering Company Limited). However, the prayer for execution had […]

HC deletes disallowance on Account of Slump Sale following its decision for earlier year

December 7, 2021 3198 Views 0 comment Print

PCIT Vs Akzo Noble India Limited (Calcutta High Court) Issue– Whether on the facts and in the circumstances of the case the Learned ITAT, Kolkata has erred in law in deleting the disallowance of sum of Rs.3.50 Crores and Rs.2.11 Crores for the assessment year 2006-07 and 2007-08 respectively on account of slump sale of […]

HC explains on what grounds invocation of a bank guarantee can be restrained

December 4, 2021 17271 Views 0 comment Print

KSE Electricals Pvt. Ltd. Vs Project Director, Bangladesh Rural Electrification Board And Anr (Calcutta High Court) In contemporary business, trade and commercial transactions, both domestic and international, significant complexities are involved; for instance spatial distance between counterparties who engage in such commercial transactions. As such, it is often very difficult and challenging to approximately assess […]

HC quashes Income Tax Assessment Order for violation of Principle of Natural Justice

November 28, 2021 2439 Views 0 comment Print

Tarakeswar Estate Vs Union of India & Ors. (Calcutta High Court) The petitioner has challenged the impugned assessment order dated 20th March, 2021 under Section 143(3) of the Income Tax Act, 1961 relating to assessment year 2018-2019, mainly on the ground of violation of principle of natural justice as well as total non-application of mind […]

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