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Calcutta High Court

Department bound by clarification issued by Apex Court in case of LG Electronics

April 28, 2023 1320 Views 0 comment Print

Manish Lakhotia Vs Income Tax Officer (Calcutta High Court) The petitioner is aggrieved by the order dated 7th February, 2023 passed by the Assessing Officer directing the petitioner to pay 20% of the tax demand and then file stay petition for granting stay on tax demand. The petitioner submits that the petitioner filed an application […]

Division Bench of Calcutta HC restored the Appeal though there was delay considering the facts

April 28, 2023 1146 Views 0 comment Print

SSB Petro Products & Ors Vs Assistant Commissioner (Calcutta High Court) Hon’ble Division Bench of Calcutta High Court on 21.04.2023 passed the order and restored the appeal considering the facts and circumstances of the case. The Respondent no.1 issued notice in DRC-01A through email and the petitioner submitted reply through email and thereafter 1st Respondent […]

Calcutta HC order on inordinate delay to approach writ court

April 28, 2023 1089 Views 0 comment Print

The Calcutta high court in this case was dealing with challenge to declaration of the petitioner herein as a wilful defaulter vide order passed in October,2018 when the counsel for the bank challenged maintainability on the ground of delay. The bank argued that the immediate cause of the writ was the lookout circular which was issued against the petitioner whereupon the petitioner was not allowed to travel abroad.

Order not erroneous if AO followed decision of High Court holding the field

April 28, 2023 1035 Views 0 comment Print

PCIT Vs SPPL Property Management Pvt. Ltd. (Calcutta High Court) Tribunal concluded that on both these issues, namely with regard to the provisions for doubtful debts and air-conditioner expenses, the assessing officer had conducted a detailed enquiry and thereafter completed the assessment. Secondly, it was held that the PCIT had erred in invoking the revisional […]

Prior period expenditure can be claimed in the year in which liability crystallises

April 27, 2023 9489 Views 0 comment Print

PCIT Vs Balmer Lawrie and Company Limited (Calcutta High Court) The tribunal after taking note of the factual position noted that the CIT(A) has taken specific note of the fact that the expenses claimed by the assessee as prior period, the liability to pay had crystallized during the relevant previous year and therefore the claim […]

HC quashes section 148 notice issued to Amalgamated Company

April 22, 2023 1161 Views 0 comment Print

Section 148 notice issued on non-existing company in spite of revenue having notice and knowledge of non-existence of such Company is quashed

Demise of husband cannot not take away right of Proprietor (Wife) to Continue Agency

April 21, 2023 1044 Views 0 comment Print

Das Enterprise Vs The State of West Bengal (Calcutta High court) a) M/s. Buddhadeb Paul is a proprietorship business. The name of the proprietor is Rakhi Paul. Trade licence and registration have been given in the name of the agency Buddhadeb Paul indicating Rakhi Paul as the proprietor. The GST registration certificate also indicates that […]

Prior period expenses allowable as liability crystallized in the year under consideration

April 21, 2023 3576 Views 0 comment Print

PCIT Vs Balmer Lawrie And Company Limited (Calcutta High Court) The Division bench of Calcutta High Court in this case was considering department’s appeal whether any substantial question of law arose when the assessee had claimed Rs 4.08 crore as prior period expenditure on account of same having crystallised during the year though it related […]

Execution of Subsisting Government Contracts Awarded in pre or post GST Regime without updating Rate: HC directs to File representation before Additional Chief Secretary

April 21, 2023 294 Views 0 comment Print

Classic Vs State of West Bengal (Calcutta High Court) This writ petition has been filed for the relief by way of direction upon the respondents authority concerned to bear the additional tax liability for execution of subsisting Government contracts either awarded in the pre-GST regime or in the post GST regime without updating the Schedule […]

Reassessment Notice against already Amalgamated Company is Invalid

April 21, 2023 543 Views 0 comment Print

Section 148 Income Tax notice issued in the name of company which has already been amalgamated so HC quashed it

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