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Calcutta High Court

Calcutta HC Directs Refund of admitted refundable VAT amount With Interest

January 13, 2023 285 Views 0 comment Print

Alkem Laboratories Limited Vs Joint Commissioner of Sales Tax (Calcutta High Court) Petitioner has filed this writ petition being aggrieved by the inaction on the part of the respondents Authority concerned in refunding the admitted refundable amount as indicated in pages 30,31 and 32 of the writ petition which comes around Rs.5,58,54,103.61 in total. Petitioner […]

HC quashes non-speaking order passed against two PAN numbers   

January 13, 2023 1236 Views 0 comment Print

Appellants to file a representation before assessing officer and explaining as to why two PAN numbers were obtained by appellants / assessee.

HC directs department to consider representation to condones delay in payment under IDS, 2016

January 12, 2023 1119 Views 0 comment Print

Dr. Satyajit Bose Vs DCIT (Calcutta High Court) Admittedly, under the under Income Declaration Scheme, 2016 (IDS, 2016) , the third installment of income tax ought to have been remitted by the appellant not later than 30th September, 2017 but was remitted on 16th October 2017 Since the scheme did not provide for any extension […]

HC directs assessee to approach appellate authority w.r.t. order detaining ‘Teak Sawn Timber’

January 11, 2023 423 Views 0 comment Print

HC held that assessee cannot approach High Court when first remedy is still available. Directed the assessee to approach the State Tax Authority who passed the detention order and seek to revoke it by answering all the allegations.

Repatriation of sale proceeds of export expiry with statutory period of six months

January 11, 2023 1362 Views 0 comment Print

Calcutta High Court held that conjoint reading of section 18(1)(c) and section 18(1)(a) of the Foreign Exchange Regulation Act, 1973 definitely propagate that the duty to get the sale proceeds of export to be repatriated expiry with the statutory period of six months.

Central excise cannot move against legal heirs of a deceased person to recover penalty

January 10, 2023 4074 Views 0 comment Print

Commissioner of CGST And Central Excise Vs Ashirwad Foundries Private Limited And Anr (Calcutta High Court) Whether central excise can move against legal heirs of a deceased person to recover the penalty imposed under  Act. The Division bench of Calcutta High Court in this case was dealing with an important matter where the Department filed […]

ITAT adopted findings of CIT(A) as its own – HC held order is without application of mind

January 9, 2023 864 Views 0 comment Print

Calcutta HC order in on how an order should not be drafted where Tribunal adopted finding of CIT(A) verbatim as its own findings

Grounds on which transfer of Income Tax assessment records/jurisdiction can be challenged

January 7, 2023 2775 Views 0 comment Print

Kamal Nath Vs PCIT (Calcutta High Court) What are the grounds on which transfer of assessment records/jurisdiction can be challenged u/s 127 of the Income-tax Act, 1961? In this high profile case relating to ex-chief minister of Madhya Pradesh, when Dr A M Singhvi along with Mr JP Khaitan represented the petitioner before Hon’ble Justice […]

Granting opportunity of cross-examination of concerned person mandatory

January 5, 2023 936 Views 0 comment Print

Calcutta High Court held that passing of an order without allowing the assessee an opportunity of cross-examination of the concerned person is against the principle of natural justice and liable to be set aside.

Calcutta HC set-aside demand order passed without disposing stay petition

January 5, 2023 1536 Views 0 comment Print

Rifle Factory Co-operative Society Ltd Vs ACIT (Calcutta High Court) Whether demand in pursuance of order of assessment can be pursued without disposing off the petition for stay of demand. The Single Bench of Calcutta High Court in this case was dealing with a situation where without disposing off the petition for stay of demand, […]

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