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Calcutta High Court

Section 263 revision quashable if assessee duly produced all necessary details: HC

October 11, 2022 936 Views 0 comment Print

It appears that after completing the assessment the assessing officer addressed the PCIT stating that certain error has occurred in the assessment order and requested him to review the order under section 263 of the Act.

Arbitrator assigning other person for interest quantification is against principle of natural justice

October 8, 2022 1209 Views 0 comment Print

Calcutta High Court held that an arbitrator cannot shun away his responsibilities and leave the work of quantification of awarded interest on chartered accountant. Accordingly, held that arbitration award suffers infirmity.

Denial of personal hearing & cross-examination violates principles of natural justice

September 30, 2022 2049 Views 0 comment Print

Dinesh Kumar Goyal Vs Union of India (Calcutta High Court) The Court :- This intra-Court Appeal by the writ petitioner is directed against the order dated 5th September, 2022 in WPO 2442 of 2022. In the said writ petition the appellant had challenged an order passed by the assessing officer under Section 148A(d) of the […]

Cenvat credit available on service tax paid to commission agent

September 28, 2022 1746 Views 1 comment Print

Calcutta High Court held that cenvat credit of service tax paid to the commission agent is available, as the commission so paid is included in the assessable value of the final product.

Retrospective amendment will not attract provisions of Section 263

September 26, 2022 1362 Views 0 comment Print

AI Champdany Industries Limited Vs Commissioner (Calcutta High Court) Hon’ble Supreme Court in the case of COMMISSIONER OF INCOME TAX VS. MAX INDIA LTD. 2007 295 ITR 282 (SC) had taken note of the fact that Section 80HHC had been amended eleven times and different views existed on the day, when the COMMISSIONER (therein) passed […]

HC quashes Section 148A order for not-providing sufficient information

September 21, 2022 2556 Views 0 comment Print

High Court held that reasons provided to the petitioner did not contain any information but it is titled as ‘cash related information detail’ and such information cannot be said to be sufficient for reopening of the assessment.

Goods in transit cannot be detained for e-way bill expiry if no intent to evade Tax

September 20, 2022 3177 Views 0 comment Print

Whether authorities justified in imposing tax & penalty on the ground that, at the time of interception, validity period of E-Way bill stood expired

Custom: Even a partial prohibition will not prevent release of goods provisionally

September 20, 2022 945 Views 0 comment Print

Kunjal Synergies Private Limited Vs Principal Commissioner of Customs (Calcutta High Court) Facts, in short, are that the petitioner has approached this Writ Court for release of the goods in question provisionally under Section 110A of the Customs Act, 1962 on the basis of the order of the Appellate Authority ordering for release of the […]

Accommodation entries- Bogus Billing- Shell Companies – HC upheld addition

September 18, 2022 3219 Views 0 comment Print

PCIT Vs Arshia Global Tradecom Private Limited (Calcutta High Court) In the case on hand the reassessment proceedings, the assessee was unable to justify the genuineness of the transactions. The assessee failed to produce original cash memos and bills for the sales alleged to have been effected and to substantiate the cash deposit into their […]

Receipt not in character of Income to not form part of book profit under Section 115JB

September 14, 2022 453 Views 0 comment Print

PCIT-4 Vs Krishi Rasayan Exports Pvt. Ltd (Calcutta High Court) Whether the interest subsidy and excise refund would be treated as capital receipt or revenue receipt for the purpose of computation of book profit under the provision of Section 115JB of the Income-Tax Act, 1961 ? Identical issue was also considered by this Court in […]

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