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Calcutta High Court

Section 148 Notice Set Aside as AO Ignored Explanations & Supporting Materials

June 22, 2026 528 Views 0 comment Print

The Calcutta High Court set aside the Section 148A(3) order and Section 148 notice after finding that the Assessing Officer failed to consider the assessee’s detailed replies. The Court held that non-consideration of the replies violated the statutory requirement under Section 148A.

Calcutta HC Quashes Section 148A Order for Failure to Consider Assessee’s Replies

June 22, 2026 450 Views 0 comment Print

The Calcutta High Court set aside the Section 148A(3) order and Section 148 notice after finding that the Assessing Officer failed to consider the assessees complete replies. The Court held that non-consideration of the replies vitiated the reassessment proceedings.

Calcutta HC Dismisses Revenue Appeal as Section 115JB Not Apply to AY 2011-12

June 21, 2026 144 Views 0 comment Print

The Calcutta High Court held that Section 115JB was not applicable to Assessment Year 2011-12 as it became effective only from Assessment Year 2013-14. The appeal was dismissed in favour of the assessee.

Sales Tax Remission Is Capital Receipt as It Promoted Industrial Expansion: Calcutta HC

June 21, 2026 156 Views 0 comment Print

The Calcutta High Court held that sales tax remission under the West Bengal Incentive Scheme, 1993 was a capital receipt as it was intended to encourage capital investment and industrial expansion. It also decided the Section 80IA/80HHC issue in favour of the assessee.

Calcutta HC Grants PMLA Bail as Prolonged Incarceration Outweighed Section 45 Rigours

June 20, 2026 351 Views 0 comment Print

The Calcutta High Court held that although the petitioner failed to satisfy the twin conditions under Section 45 of the PMLA, prolonged custody without trial justified grant of bail under Article 21 of the Constitution. Bail was granted subject to stringent conditions.

Section 279 TDS Default Prosecution Approval Quashed as Reasons Were Not Recorded

June 20, 2026 246 Views 0 comment Print

The Calcutta High Court held that a sanction order must reflect consideration of the taxpayer’s explanation and provide reasons for rejecting it. As these requirements were absent, the sanction order was quashed and remanded for reconsideration.

Calcutta HC Grants Fresh Hearing as GST SCN Was Not Received

June 19, 2026 195 Views 0 comment Print

The Calcutta High Court granted the taxpayer an opportunity to reply after finding that the show cause notice was not received. The GST authority was directed to pass a fresh reasoned order after hearing the petitioner.

Calcutta HC Orders Form 5 Issuance as Portal Error Cannot Defeat Vivad Se Vishwas Relief

June 19, 2026 159 Views 0 comment Print

The Calcutta High Court held that the Income Tax Department cannot deny Form 5 under the Vivad Se Vishwas Scheme due to a technical portal error that wrongly mapped the taxpayer’s payment. It directed correction of the error and issuance of Form 5 after verification of the challan.

Calcutta HC Quashes Property Tax Hike as Enhanced Valuation was Without Statutory Procedure

June 19, 2026 213 Views 0 comment Print

The Calcutta High Court held that KMC’s retrospective enhancement of Annual Valuation and consequential property tax demands lacked statutory authority and violated mandatory procedural safeguards. The Court restored the earlier valuation and permitted fresh assessment only in accordance with the KMC Act.

ChatGPT Cannot Be Compelled to Display Business Links: Calcutta HC

June 18, 2026 2559 Views 0 comment Print

The Calcutta High Court held that a business has no legal right to compel ChatGPT to display its links or promote its platform. The Court refused interim relief after finding no prima facie legal right or intellectual property infringement.

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