Calcutta High Court

Calcutta HC strictures CLB member for ‘copy and paste disease’, ‘non-application of mind

Dharam Godha & Ors. Vs Universal Paper Mills Ltd. & Ors. (Culcutta High Court)

Most of Paras 32 to 34 of the impugned CLB judgment in the instant case appear to have been physically lifted – the copy and paste disease – from a previous decision of the same member of the CLB which was taken up on appeal before the Delhi High Court which set aside the judgment and order....

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Equipment belongs to vendor imported in India cannot be transferred to other on winding up of company

Tantia constructions limited Vs Road buildier (m) sdn bhd (Calcutta High Court)

This is an application for the winding up of Tantia Constructions Ltd. (hereinafter the company). It is made by a Malaysian company by the name of Road Builder (M) Sdn Bhd, (hereinafter the petitioning creditor). These two companies entered into a joint venture agreement on 14th July, 2003 for setting up a project in the State of Mizoram....

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KBC Winner – HC asks to not to take extra legal steps of threatening or inducing assessee for tax recovery

Lopamudra Misra Vs The Asst. Commissioner of Income Tax (Cuttack High Court)

The Hon’ble Supreme Court in M/s. Dabur India Ltd. and another v. State of Uttar Pradesh and others. AIR 1990 SC 1814, observed that Government, Central or State, cannot be permitted to play dirty games with the citizens of this country to coerce them in making payments which the citizens were not legally obliged to make. ...

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Court order sanctioning a scheme of amalgamation or demerger is an instrument and conveyance liable to stamp duty

Emami Biotech Ltd. and others Vs. State of West Bengal (Calcutta High Court) [Company Application No. 777 of 2011]

The Court held that an order sanctioning a scheme under section 394 of the Companies Act falls within the description of the words 'instrument' and `conveyance' within the meaning of the West Bengal Stamp Act, 1964. Accordingly, it is subject to stamp duty. The Court also observed that no property transferred pursuant to any scheme in the...

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Damage for unauthorized trademark use can be claimed only on submission of proof of damage

Hahnemann Laboratory Ltd. & Ors. Vs The Hahnemann India Laboratories (BN) & Ors. (Calcutta High Court)

In the 1st week of October, 2009, the petitioner came to know that the respondents have infringed its trademark by using the word ‘Arnimax’ on its products coupled with the trade dress and thereby has infringed the registered trademark and passed off its products as that of the petitioner. Accordingly, C.S. 360 of 2009 was filed and a...

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Employees’ PF/ ESI contribution covered by Sec. 43B and allowable if paid before ROI

Commissioner of Income Tax Circle-i, Kolkata Vs M/s. Vijay Shree Limited (Calcutta High Court)

After going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in the aforesaid case has held that the amendment to the second proviso to the Sec 43(B) of the Income Tax Act...

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No proceedings can be brought against a non­existent person either natural or artificial

Commissioner of Income Tax, Central- I, Vs. M/s. S R M B Udyog Ltd. (High Court of Calcutta)

CIT Vs. S R M B Udyog Ltd. (Kokata High Court)- Under the provisions of the Companies Act, 1956, effect of amalgamation is winding up of the transferor company. Moreover, from the terms of the amalgamation which have been accepted by this Hon’ble Court, it appears that whatever proceedings were pending or were sought to be initiated aft...

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S. 40(a)(ia) Amendment to give extended time for TDS payment is retrospective

Commissioner of Income Tax, Kol- XI, Kol Vs. Virgin Creations (High Court of Calcutta)

Court has held that amendment made in section 40(a)(ia) by Finance Act, 2010 is retrospective in nature and would apply from 01.04.2005. The said amendment provides that no disallowance under section 40(a)(ia) could be made where the TDS has been paid before the due date of filing of return of income. This is first ruling of any High Cour...

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Assessee’s AO cannot question Creditor’s Income Tax Return instead he should inquire with creditor’s AO

Commissioner of Income Tax, Kolkata- III Vs. M/s. Data- Ware Pvt. Ltd. (Calcutta High Court)

CIT vs. Dataware Pvt Ltd (Calcutta High Court) The assessee company received share application money of Rs.1 Crore from M/s. Harrington Traders Pvt. Ltd. (hereinafter referred to as the creditor). During the assessment proceedings the assessee company submitted the confirmation letter of the creditor, details of the transaction, na...

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Penalty can be levied for Non Furnishing of correct particulars of income

Shri Pankaj Rathi Vs Commissioner of Income Tax (Appeals), XXXVII (Calcutta High Court)

Shri Pankaj Rathi Vs CIT (Calcutta High Court) - It is obvious that it must be shown that the conditions under Section 271 (1)(c) must exist before the penalty is imposed. There can be no dispute that everything would depend upon the Return filed because that is the only document, where the assessee can furnish the particulars of his inco...

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