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Calcutta High Court

HC grants Bail to Person accused of GST Evasion by issuing Fake Invoices

July 9, 2018 8346 Views 0 comment Print

Petitioner Shri Sanjay Kumar Bhuwalka and Neeraj Jain were arrested on 12.05.2018 due to their involvement in the business of generating and selling of fake tax invoices to various entities without supplying the underlying goods or services, thereby facilitating irregular availment and utilization of input tax credit by such entities to whom such fake invoices were issued.

Stock valuation method can be changed to compute Actual Income/loss

June 27, 2018 7176 Views 0 comment Print

United Bank of India Vs CIT (Calcutta High Court) The present accounting principle being followed by the bank is valuation of the closing stock on cost or market value whichever is lower. They want to apply this principle to the stock in trade acquired in the financial year i.e. 1984-85 prior to the assessment year […]

Return filed in response to notice U/s. 153A(1)(a) eligible for Section 139(3) benefits

June 25, 2018 12327 Views 0 comment Print

Where no return was filed by assessee within statutory mandated time and the obligation to file any return remains suspended till such time that a notice was issued for such purpose under section 153A(1)(a), such return would be deemed to have been filed within the time permitted under section 139(1) and benefit under section 139(3) could be availed of by assessee.

Loss can be carried forward if Return is filed within reasonable time permitted by notice u/s 153A(1)(a)

June 25, 2018 2409 Views 0 comment Print

Shrikant Mohta Vs CIT (Calcutta High Court) When search operations are conducted under Section 132 of the Act, the obligation of the assessee to file any return remains suspended till such time that a notice is issued for such purpose under Section 153A(1) (a) of the Act. If the return is filed by the assessee within the reasonable time […]

Payment of one-time fee to continue mining business: capital expenditure or revenue?

June 21, 2018 1620 Views 0 comment Print

PCIT Vs Rungta Mines Ltd (Calcutta High Court) The legal issue that the Revenue seeks to assert is as to whether the payment of the net present value by an assessee engaged in mining for use of forest land for mining purpose would be a capital expenditure or a revenue expenditure. It is not in […]

HC confirms addition based on Bogus Balance Sheet submitted with Bank: Instruct ICAI to take action against erring CA

June 21, 2018 9114 Views 2 comments Print

Whether any addition to income can be made on the basis of balance-sheet and profit and loss accounts certified to have been prepared on estimate basis to avail bank loan and having no relation with the actual?

AO cannot treat commodity losses as bogus merely because broker was expelled from commodity exchange

June 19, 2018 2112 Views 0 comment Print

Principal CIT Vs Ms Blb Cables And Conductors Pvt. Ltd. (Calcutta High Court) Assessee has incurred losses from the off market commodity transactions and the AO held such loss as bogus and inadmissible in the eyes of the law. The same loss was also confirmed by the ld. CIT(A). However we find that all the […]

Seizure order of the goods in transit under GST, whether an appealable order

June 8, 2018 1761 Views 0 comment Print

Gati-Kintetsu Express (P) Ltd. Vs Asstt. CST (Calcutta High Court) Section 121 is an exception to section 107 of the Act of 2017. While Section 107 of the Act of 2017 makes every decision or order passed under the Act of 2017 to be appealable, section 121 makes an exception thereto and states that, few […]

Donation by a Trust to other Trust with Similar object allowable

May 16, 2018 33918 Views 0 comment Print

CIT Vs ST. Joseph Convert Chandannagar Educational Society (Calcutta High Court) The Revenue seeks to question the propriety of an order passed by the Appellate Tribunal which has allowed donations to be made by the assessee charitable trust to another charitable trust. According to the Revenue, Sections 11 to 13 of the Income Tax Act, […]

Deduction U/s. 80IB not allowable on non filing of Return within prescribed time U/s. 139(1)

May 4, 2018 1395 Views 0 comment Print

Suolificio Linea Italia (India) (P) Ltd. Vs JCIT (Calcutta High Court) Conclusion: Deduction under section 80-IB was not allowable in case assessee did not file its return of income for relevant assessment year within period prescribed under section 139(1) as per the condition imposed by section 80AC. Held: When the governing provision i.e., section 80AC […]

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