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Calcutta High Court

Once CIRP initiated, IT dept cannot initiate fresh proceedings: Calcutta HC

June 26, 2023 1197 Views 0 comment Print

Calcutta High Court rules that initiation of fresh proceedings against an entity under CIRP is barred by IBC Section 238, quashing IT department’s order and subsequent actions against MSP Metallics Limited.

Trade discounts by newspaper company to advertising agency not liable to TDS

June 25, 2023 1050 Views 0 comment Print

Calcutta High Court held that TDS u/s 194H is not deductible on trade discounts given by the newspaper companies to Indian Newspaper Society (INS) accredited Advertising Agents.

Section 148A(d) Order in IT Act Isn’t Final; No Tax Demand Arises

June 25, 2023 2547 Views 0 comment Print

In a recent judgement, Calcutta High Court affirmed that an order under Section 148A(d) of the Income Tax Act is not a final assessment order, nor does it give rise to any tax demand.

Calcutta High Court Quashes Assessment Notice Against Non-Existing Entity

June 25, 2023 561 Views 0 comment Print

Explore the case of Virender Kumar And Sons Jewellers LLP Vs ITO, in which the Calcutta High Court invalidated an assessment notice against a non-existing entity.

Sufficiency of Reasons under Section 148A(d) cannot Be Challenged by Writ

June 25, 2023 468 Views 0 comment Print

Review of the Calcutta High Court ruling in Arissan Energy Limited Vs Union of India, explaining why findings in an order under Section 148A(d) of the Income Tax Act cannot be scrutinized by a writ court.

HC dismissed writ petition challenging Section 148A(d) order as jurisdiction of ‘Specified Authority’ not challenged

June 25, 2023 609 Views 0 comment Print

Analysis of the Calcutta High Court’s decision in the case of Expandable Enterprises Private Limited vs. ITO, dismissing the writ petition due to the unchallenged jurisdiction of the “Specified Authority” under Section 151 of the Income Tax Act.

Kolkata Municipal Corporation Can Recover Property Tax Dues Based on Area in Possession

June 25, 2023 1059 Views 0 comment Print

Analyzing the Calcutta High Court’s verdict in the Kohlbros Wireless Solutions LLP vs. Kolkata Municipal Corporation case, upholding the Corporation’s right to recover property tax dues based on the area actually in possession.

Calcutta HC dismisses Writ Petition due to unjustifiable delay in its submission

June 22, 2023 705 Views 0 comment Print

Calcutta High Court case between Saru Kankani and Union of India, focusing on the consequences of unjustified delays in filing legal actions.

Look Out Circular cannot be made norm to recover outstanding Bank payments

June 22, 2023 1023 Views 0 comment Print

Calcutta High Court held that Look Out Circular has dangerous repercussions on the person’s right to freely move across and beyond the country and remain mobile. Hence, Look Out Circular cannot be made the norm for recovery of outstanding payments to the Bank.

GST: HC Allows Release of Machinery; Legal Challenge to Seizure Legality

June 22, 2023 957 Views 0 comment Print

In the case of DRB Infrastructure Pvt Ltd Vs State of West Bengal, the Hon’ble Kolkata High Court at Jalpaiguri has allowed release of machinery upon furnishing a bank guarantee. The petitioner, a contractor, challenged seizure’s legality, arguing against imposition of a penalty due to absence of an invoice.

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