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Calcutta High Court

Electronic Credit Ledger cannot be debited when appeal Already been Filed

August 16, 2022 624 Views 0 comment Print

S. D. Enterprises Vs Assistant Commissioner (Calcutta High Court) Petitioner submits that since the petitioner has approached the appellate authority under the statute and has complied with the provisions regarding deposit of a portion of the disputed amount of tax, the respondent authorities could not have debited the aforesaid amount from the electronic credit ledger […]

Transfer of Income Tax File without opportunity of hearing: HC grants interim relief

August 11, 2022 168 Views 0 comment Print

Golden Goenka Commerce Pvt. Ltd Vs PCIT (Calcutta High Court) By these writ petitions, petitioners have challenged the impugned orders of transfer of petitioners’ income tax file from Kolkata to Lucknow under Section 127(2) of the Income Tax Act, 1961. It is the case of the petitioner that before passing the impugned order of transfer […]

Intention to refer to arbitration should be emphasized in case of vague arbitration clause

August 10, 2022 3537 Views 0 comment Print

Held that intention of the parties to have their disputes arbitrated and that the same is paramount even where the dispute resolution clauses are vaguely worded or where there is an ambiguity in choice of the mechanism to be adopted.

HC upheld project completion method followed by assessee

August 9, 2022 603 Views 0 comment Print

PCIT Vs Burdwan Development Authority (Calcutta High Court) On perusal of the order passed by the tribunal HC find that the tribunal has rightly taken note of the legal position and granted relief to the assessee. Apart from that, the tribunal has also noted the factual position and relevant details were called for. The assessing […]

Block electronic credit ledger only to the extent of demand – HC directs dept

August 5, 2022 597 Views 0 comment Print

Jyoti Commotrade Private Limited Vs State of West Bengal (Calcutta High Court) Admittedly, the allegations relate to transactions pertaining to financial year 2017-2018 and accordingly by a notice dated October 22, 2021 the alleged claim of input tax credit to the tune of Rs.71,23,836.66 paisa each under CGST/SGST head had been disallowed. If that is […]

HC Transfers Matrimonial Case – Follows principle of ‘showing leniency towards wife’

August 4, 2022 984 Views 0 comment Print

Smt. Sandipa Gupta (Bhowmick) @ Sandipa Bhowmick Vs Sri Suraj Gupta (Calcutta High Court) Admittedly, the husband has filed a Matrimonial Suit against the petitioner/wife for divorce on the ground of cruelty. The wife is now residing with her widow mother at Siliguri which is at a distance of more than 100 kilometers from Coochbehar. […]

TCS not applicable on Timber sawn into logs of different dimensions & shapes

July 31, 2022 16173 Views 0 comment Print

PCIT (TDS) Vs Nirmal Kumar Kejriwal (Calcutta High Court) The first objection raised by the assessee was that the tax collected at source is applicable on raw timber which mean timber logs that is obtained from the forest produce. Apart from that they had stated that they were trading in processed wood which are imported […]

GST demand Recovery before Expiry of Time to file Appeal is Violation of Law

July 30, 2022 2847 Views 0 comment Print

GST demand Recovery without giving any opportunity to petitioner to file statutory appeal which is mandatory before initiating any recovery proceeding is clear violation of Section 78 of GST Act.

HC dismisses petition claiming ownership of cash seized by Enforcement Directorate

July 30, 2022 435 Views 0 comment Print

Renu Devi Banka Vs Union of India (Calcutta High Court) By this writ petition, petitioners have challenged the impugned show-cause-notice dated 3rd February, 2022 issued by the Special Director, Directorate of Enforcement, Adjudicating Authority, Chandigarh, against the 24 persons who are third parties/ noticees and none of them are the petitioners in this Writ Petition […]

Captive undertaking eligible for Section 80IC deduction

July 26, 2022 624 Views 0 comment Print

CIT Vs ITC Limited (Calcutta High Court) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in allowing the claim of the assessee for deduction under Section 80IC of the I.T. Act, 1961, amounting to Rs.72,21,948/- by disregarding that the captive undertaking is not entitled to […]

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