Calcutta High Court

Section 80HHC Exchange Rate Fluctuations is Export Turnover 

J.P. Khaitan Vs Mr. Debasish Chowdhury (Calcutta High Court)

The issue under consideration is whether extra realization made in rupees for export sale proceeds in foreign exchange due to adverse exchange rate of rupee would be part of the export turnover in the year of receipt and qualify it for deduction u/s Section 80-HHC ?...

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Delay due to utter failure or negligence of department cannot be condoned

CIT TDS Vs Vodafone East Ltd. (Calcutta High Court)

There is a delay of 586 days in filing the appeal for which no explanation was offered. even if some explanation was offered, we could have exercised our discretion. In this case, condonation of the delay would amount to condoning the utter failure or negligence on the part of the department to take steps with regard to this appeal....

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Covid 19- HC stays Bank account attachment subject to Rs. 5 Lakh setting apart for Taxes

Niyasha Barman Vs ITO (Calcutta High Court)

Niyasha Barman Vs ITO (Calcutta High Court) There subsists an order dated March 20, 2020 passed by the Hon’ble Supreme Court directing the revenue authorities not to initiate any recovery proceedings during the subsistence of the COVID-19 pandemic. In my view, interest of justice would be subserved by directing the banks of the petition...

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HC dismisses Section 263 notice on the ground of Limitation

PCIT Vs Prince Water House (Calcutta High Court)

PCIT Vs Prince Water House (Calcutta High Court) Order dated 23.03.2015 passed by the AO giving effect to the directions of the tribunal dated 04.03.2014 (passed u/s 254 r.w.s 143(3) of the Act) did not deal with the issue of allowability of premium on account of Accountants Risk Policy. The show cause notice u/s 263 […]...

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Section 80P(2)(d) deduction allowable on Other Interest Income apart from 10% Net Profit Transferred to Reserved Fund

PCIT Vs Electro Urban Co-Operative Credit Society Ltd. (Calcutta High Court)

PCIT Vs Electro Urban Co-Operative Credit Society Ltd. (Calcutta High Court) The issue under consideration is whether interest on deposits/securities, which strictly speaking accrues to the members’ account, could be taxed as business income under section 28 of Income Tax Act, 1961? Supreme Court said, such interest income would com...

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Calcutta HC extends validity of existing interim orders till April 30

In Re- Court on its own motion (Calcutta High Court)

Matters pending with interim orders in the High Court at Calcutta and Courts subordinate to it including the Tribunals within the State of West Bengal and Union Territory of Andaman & Nicobar Islands during the prevailing COVID-19 situation related non-availability of access to Courts....

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HC stays Distribution of Seized Jewellery by Income Tax Authority owing to COVID-19

Ashok R. Mansata Vs Union of India & Ors. (Calcutta High Court)

Ashok R. Mansata Vs Union of India & Ors. (Calcutta High Court) Coronavirus that has brought to a standstill all activities around the world including our High Court. In the prevailing situation, I am of the view that passing a writ of mandamus against the Income Tax Authorities would go against the notification issued by […]...

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Procedural law should not take away right to claim Transitional Credit: HC

Rishi Graphics Pvt. Ltd. Vs Union of India & Ors (Calcutta High Court)

Rishi Graphics Pvt. Ltd. Vs Union of India & Ors (Calcutta High Court) A procedural law should not take away the vested rights of persons that are provided to them by statute. The petitioners have approached this court with a prayer for allowing them to file/upload in GST TRAN-1. The petitioners intend to file TRAN-1 […]...

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Failure to pass fresh Provisional attachment order- HC imposes cost of ₹ 5 Lakh on GST Authorities

Amazonite Steel Pvt. Ltd Vs. UOI (Calcutta High Court)

Section 83(2) is crystal clear that the provisional attachment shall cease upon expiry of one year. It was therefore incumbent on the authorities to either release the provisional attachment by informing the bank or by issuing a fresh order of provisional attachment, if the law so allowed....

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GST TRAN-2 – Calcutta High Court allows revision

Optical Health Solutions Pvt. Ltd. Vs Union of India (Calcutta High Court)

Observing that there is no ground as to why a person filing Form GST TRAN-2 should not be allowed to correct and file such revised form, Calcutta High Court has allowed filing of revised Form GST TRAN-2....

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June 2021