Calcutta High Court

Income of NRI not taxable merely for receipt in NRE account

Smt. Sumana Bandyopadhyay & Anr. Vs DDIT - International Taxation (Calcutta High Court)

Income of the assessee constituted earning outside India while the assessee was an NRI and mere receipt of the said sum in the assessee’s NRE account would not subject it to tax under the 1961 Act....

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Calcutta HC denies Bail to a CA in Bogus GST Invoice Case

Arvind Kumar Munka Vs Union of India (Calcutta High Court)

Arvind Kumar Munka Vs Union of India (Calcutta High Court) This is an application for bail under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the petitioner who has prayed for his enlargement on bail on any conditions. The petitioner has been arraigned as an accused along with other accused persons […]...

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When a receipt is not in the character of income it cannot form part of book profit U/s. 115JB

Pr. CIT Vs Ankit Metal & Power Ltd. (Calcutta High Court)

As nature of "interest subsidy and power" depends on the purpose for which it was given, hence, in assessee’s case it was ‘capital’ in nature not liable to tax because the entire reason behind receiving the subsidy was setting up of plant in the backward region of West Bengal, namely, Bankura....

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Statute cannot have any retrospectivity unless expressly provided therein

Ganpati Dealcom Pvt. Ltd. Vs Union of India & Anr. (Calcutta High Court)

Ganpati Dealcom Pvt. Ltd. Vs Union of India & Anr. (Calcutta High Court) By an amendment an existing Act is supplemented by new provisions adding to or subtracting from it. It is usual that parts of the existing Act are retained. Say for example, there is a provision in the existing Act for penalty in […]...

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Short credit of transition ITC cannot be denied for clerical Error in TRAN-1

Paharpur Cooling Towers Ltd. Vs Union of India & Ors. (Calcutta High Court)

Paharpur Cooling Towers Ltd. Vs Union of India & Ors. (Calcutta High Court) In the present case learned advocate appears on behalf of petitioner and submits, in transition to GST regime there was clerical error made by his client assessee, resulting in claim of short credit on transition. Since it is by result of clerical […]...

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HC allows GST TRAN-1 filing as system of Taxpayer was down

Mrinal Ghosh Vs Union of India & Ors (Calcutta High Court)

On facts, case of petitioner is that it could not attempt to file GST TRAN –1 form on GST portal because his own system was down. On 9th January, 2018, deadline having expired on 27th December, 2017, petitioner said so to Revenue. Petitioner then has obtained a report, upon forensic examination of his system, having provided password, w...

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Section 234B / 234C interest on income arising from retrospective operation of any statute, decision etc.

Pr. CIT Vs M/s. Haldia Petrochemicals Ltd. (Calcutta High Court)

Imposition of interest is justified under sections 234B and 234C of the Income Tax Act, 1961, save and except on the income which arises from retrospective operation of any statute, decision etc....

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Gift deed not invalid only because it was registered after death of donor

Dinabandhu Mondal & Ors. Vs Laxmi Rani Mondal & Ors. (Calcutta High Court)

Dinabandhu Mondal & Ors. Vs Laxmi Rani Mondal & Ors. (Calcutta High Court) The respondents have raised serious doubt over the authenticity of the said deed of gift because of the fact that it was registered after the death of the donor. However, well established is the law that it is not necessary for the […]...

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Payment for delayed allotment of plot of land cannot be construed as ‘interest’

Pr. CIT Vs West Bengal Housing Infrastructure Development Corporation Limited (Calcutta High Court)

The issue which falls for decision therefore is whether payment for delayed allotment of a plot of land by the Housing Board to an allottee will fall under the definition of ‘interest’ under section 2 (28A) of the Act....

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AO not bound to follow formula prescribed in rule 8D to compute disallowance u/s. 14A

Pr. CIT Vs  Britannia Industries Ltd. (Calcutta High Court)

Pr. CIT Vs Britannia Industries Ltd (Calcutta High Court) If an assessing officer doubts the quantum of expenditure incurred towards exempted income, is it mandatory for the assessing officer to apply the formula prescribed in rule 8D of the Income Tax Rules, 1962 or can he take a view otherwise? This is the question which is […]...

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