Calcutta High Court

Benefit of s 43B(a) cannot be denied to the assessee on the ground that the excise duty was paid in advance in accordance with the mercantile system of accounting

Paharpur Cooling Towers Ltd. Vs CIT (Calcutta High Court)

Paharpur Cooling Towers Ltd Vs CIT (High Court of Calcutta) - It was never the intention of the legislature to deprive an assessee of the benefit of deduction of tax, duty etc. actually paid by him during the previous year, although in advance, according to the method of accounting followed by him. If we accept the reasoning given by the ...

Read More

Rectification of an order does not mean deletion of the order originally passed and its substitution by a new order

Faridabad Investment Company Limited Vs CIT (Calcutta High Court)

Faridabad Investment Company Limited Vs CIT (Calcutta High Court)- Rectification of an order does not mean obliteration of the order originally passed and its substitution by a new order. In The present case, we are of the firm opinion that there was no scope of rectification in the case on the ground of error apparent on the face of the ...

Read More

Blending of different types of tea comes within the purview of the word ‘processed’ within the meaning of s 80HHC(3)(a) of the Act

Stewart Holl (India) Ltd. Vs CIT (Calcutta High Court)

Stewart Holl (India) Ltd. Vs CIT (High Court of Calcutta)- Court held that the different brands of tea which were mixed by the assessee in Nilgiri's case for the purpose of producing a tea mixture of a different kind and quality according to the formula evolved by them, there was plainly and indubitably processing of different brands of t...

Read More

Only profit on the sale of the licence should be chargeable to tax under s 28(iiia) and not the profit which may come in the future on the sale of the licence

GKW Limited Vs Commissioner of Income Tax (Calcutta High Court)

GKW Limited Vs CIT (Calcutta High Court)- Only profit on the sale of the licence should be chargeable to tax under s 28(iiia) and not the profit which may come in the future on the sale of the licence....

Read More

Foreign travel expenditure of the spouse of the Managing Director, pursuant to the board resolution, is allowable as business expenditure

J. K. Industries Limited Vs CIT (Calcutta High Court)

J. K. Industries Limited Vs CIT (High Court of Calcutta)- The expenditure may not have been incurred under any legal obligation, but yet it is allowable as business expenditure if it was incurred on grounds of commercial expediency. Thus, the borrowed fund advanced to a third party should be for commercial expediency if it is sought to be...

Read More

Genuineness of transaction, being essentially a question of fact, cannot be lawfully raised for the first time before the Tribunal

Hari Shankar Bhartia Vs CIT (Calcutta High Court)

This appeal under section 260A of the Income-tax ("Act"), 1961 is at the instance of an assessee and is directed against an order dated September, 2002, passed by the Income-tax Appellate Tribunal, "B"Bench, Kolkata in Income-tax Appeal bearing ITA No. 1449 (Cal)/2000 for the Assessment Year- 1997-98 and thereby dismissing the appeal pref...

Read More

An assessee cannot be said to be a defaulter in payment of advance tax if he had no liability to pay any advance tax under s 208 on any of the due dates for payment of the advance tax

Emami Ltd. Vs Commissioner of Income Tax (Calcutta High Court)

Emami Ltd. Vs CIT (High Court of Calcutta)- Where on the last date of the Financial Year preceding the relevant Assessment Year, the assessee had no liability to pay advance tax, he would be nevertheless asked to pay interest in terms of Section 234B and Section 234C of the Act for default in making payment of tax in advance which was phy...

Read More

Discount offered by cellular companies to distributors on SIM cards and recharge coupons is in the nature of ‘commission’ on which tax is required to be withheld

Bharti Cellular Ltd. Vs Assistant Commissioner of Income-tax (Calcutta High Court)

Bharti Cellular Ltd. v. ACIT (Calcutta HC) After selling all Sim cards and pre-paid coupons to retailers, franchisees were to make payment of sale proceeds to assessee after deducting a discount - Whether there was principal-agent relationship between assessee and franchisees and, therefore, receipt of discount by franchisee was, in real ...

Read More

Grounds raising new questions which are essentially questions of fact cannot be permitted to be raised before high court and the Revenue in terms of sub-section 4 of Section 260A

Alok Todi & Anr. Vs Commissioner of Income-Tax (Calcutta High Court)

In course of search on July 2, 1996 in the residential premises of one Bijay Kumr Gutgutia, some papers relating to the firm, M/s. Shree Krishna Arvind Hatcheries, along with other books of accounts and a bunch of papers with identification mark BKG/5 were seized. ...

Read More

Company Law – HC dismisses Petition filed under section 397 and 398 of the Companies Act 1956 as Cause of action no longer survives

Nischintanpur Tea Co. Ltd. Vs Subrata Sen & Ors (Calcutta High Court)

NISCHINTAPUR TEA CO. LTD Versus SUBRATA SEN & ORS ( Calcutta High Court) - An application under Section 397 and 398 of the Companies Act, 1956 (hereinafter ‘the Act’) was filed in this court way back in 1985. It was numbered as C.P. No. 252 of 1985. It is still pending. The petitioner in that application was one Amita Sen, who has si...

Read More

Browse All Categories

CA, CS, CMA (5,502)
Company Law (7,411)
Custom Duty (8,511)
DGFT (4,546)
Excise Duty (4,493)
Fema / RBI (4,707)
Finance (4,999)
Income Tax (37,424)
SEBI (3,995)
Service Tax (3,720)

Search Posts by Date

June 2021
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
282930