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Calcutta High Court

Section 148A(d) Order Invalid: Evidence Copy & Cross Examination Denied

July 23, 2023 4245 Views 0 comment Print

Calcutta High Court asserts that the denial of the opportunity for cross-examination and failure to provide copies of evidence render an order invalid under the Income Tax Act.

Calcutta HC Dismisses WP Challenging Section 148A(d) Order as petitioner availed alternative remedy

July 23, 2023 537 Views 1 comment Print

In the case of Kothari Credit (India) Limited v. Union of India and others, the petitioner filed a writ petition challenging the impugned order passed under Section 148A(d) of the Income Tax Act, 1961.

Calcutta HC Directs Swift Adjudication of Appeals on Black Money Act Assessments

July 22, 2023 408 Views 0 comment Print

In the case of Vikash Marda Vs Union Of India, the Calcutta High Court instructs CIT(A) to expedite pending appeals concerning assessments made under the Black Money Act.

Calcutta HC: Ignore Adverse Remarks in Assistant Commissioner’s Service Record

July 22, 2023 525 Views 0 comment Print

Read the Calcutta High Court’s ruling in Sanpak Business Solutions vs Assistant Commissioner case. Learn about allegations, apology, show-cause notice, and court’s directions.

No Penalty for One-Day E-way Bill Expiry Delay

July 22, 2023 1326 Views 0 comment Print

In a significant ruling, the Calcutta High Court held that a less than a day delay in the expiry of an E-way bill due to reasons beyond control is excusable, setting aside penalties in the case of Ashok Mishra Vs State of West Bengal & Ors.

Writ jurisdiction cannot be invoked for a second section 154 rectification application as order is appealable

July 22, 2023 768 Views 0 comment Print

In S.P. Paper Packaging Pvt Ltd Vs Union of India, the Calcutta High Court rules that the writ jurisdiction cannot be invoked for a second rectification application under section 154 of the Income Tax Act, 1961, as the order is appealable.

Order passed u/s 148A(d) within 3 years needs approval from PCIT & not PCCIT

July 21, 2023 1692 Views 0 comment Print

Calcutta High Court held that considering the provisions, order passed u/s 148A(d) is within three years and accordingly, Principal CIT (PCIT) and not the Principal Chief CIT (PCCIT) is ‘Specified Authority’ for approval of the same. Thus, AO rightly took approval from Principal CIT.

Writ Court does not act as assessing officer or appellate authority: Calcutta HC

July 20, 2023 288 Views 0 comment Print

The Calcutta High Court rejects a writ petition challenging a tax assessment order, reaffirming that a Writ Court does not act as an assessing officer or an appellate authority

GST & Anti-Fraud Departments cannot issue notices to lawyers of alleged tax evaders

July 19, 2023 16014 Views 0 comment Print

The Calcutta High Court has ruled that the GST and Anti-Fraud departments cannot send notices to advocates of individuals accused of tax evasion, emphasizing the privileged communication between clients and their legal advisors.

HC Sets Aside Section 148A(d) Order for Violating Natural Justice – Remands Matter to AO

July 17, 2023 4626 Views 0 comment Print

Delve into the landmark judgment of the Calcutta High Court in the case of Winsome Highrise Pvt. Ltd Vs Union of India. Unravel the emphasis on principles of natural justice and the consequences on the Indian Income Tax Act.

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