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Calcutta High Court

AO has taken view on a debatable issue after due enquiries- Section 263 cannot be invoked

August 29, 2022 1569 Views 0 comment Print

PCIT Vs Britannia Industries Limited (Calcutta High Court) The short issue involved in this case is whether the Commissioner could have invoked his power under Section 263 of the Act on the ground that the Assessing Officer did not conduct proper enquiry. We need not labour much to decide this issue as the learned Tribunal […]

Notices issued to wrong Email address – HC set-aside Assessment order

August 29, 2022 3435 Views 0 comment Print

Due to technical fault in Income Tax portal notices were issued to a different e-mail address & same cannot be treated as service of Notice

HC quashes Assessment Order passed under Old Surrendered PAN

August 29, 2022 2337 Views 0 comment Print

Return was filed under the new PAN and in spite of that, assessing officer passed assessment order under old PAN – HC Quashed such order

GST recovery without issue of Section 74(9) Order – HC directs dept to issue SCN

August 29, 2022 903 Views 0 comment Print

Appellant is aggrieved by the action of the respondents in allegedly recovering tax without issuance of any order under Section 74(9) of GST

One line order dismissing appeal for delay in submission is invalid

August 27, 2022 4008 Views 0 comment Print

HC set aside one line order dismissing appeal of assessee on the ground of delay in submission without supporting detailed reasons

Calcutta High court stays reassessment proceedings on ground of time barred

August 25, 2022 9477 Views 0 comment Print

SS Commotrade Private Limited Vs ITO (Calcutta High court) By this writ petition, petitioner has challenged the impugned order dated 30th July, 2022 under Section 148A(d) of the Income Tax Act, 1961 relating to assessment year 2014-15, and, all subsequent proceedings based on the impugned notice dated 29th June, 2021 under Section 148 of the […]

In absence of arbitration agreement, conduct of parties doesn’t mean parties have agreed to arbitration

August 25, 2022 4260 Views 0 comment Print

Held that in absence of written arbitration agreement, the conduct between the parties cannot be construed to mean that, the parties had agreed to arbitration.

Utilisation of ITC excise duty with output tax is payment for Section 43B of IT Act

August 22, 2022 621 Views 0 comment Print

HC held that when assessee adjusted excise duty payable on closing stock of finished goods with available input credit and paid remaining amount after said adjustment, would tantamount to actual payment and no disallowance could be made under section 43B of Income-tax Act, 1961

Revised rate of import duty not applicable to bill of entry presented before issuance of notification

August 18, 2022 1362 Views 0 comment Print

Held that bill of entry was self-assessed before the notification no. 103/2020- Customs (N.T.) dated 29.10.2020 was issued. Accordingly, revised rate of duty not applicable.

HC allows refiling of Appeal with Appellate Authority which was dismissed for non filing of certified copy of order

August 17, 2022 732 Views 0 comment Print

Debabrata Santra Vs Assistant Commissioner of Revenue (Calcutta High Court) Calcutta High Court allows refiling of Appeal with Appellate Authority which was dismissed for non filing of certified copy of order FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT Heard learned Advocates appearing for the parties. By this writ petition, petitioner has challenged the […]

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