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Calcutta High Court

Assessment Order passed before Due Date of Submission of Documents violates Principle of Natural Justice

July 1, 2022 375 Views 0 comment Print

AO issued a notice dated 3.2.2022 by which petitioner was asked to furnish relevant documents on or before 10.02.2022 and without waiting for the response by the petitioner AO on 04.02.2022 passed the assessment order which is in violation of the principle of natural justice.

GST not exempt on interest component of EMI of Credit Card loan

June 30, 2022 26505 Views 0 comment Print

HC held that interest component of Equated Monthly Instalments (EMI) of loan, through credit card services by a bank, attracts payment of GST

HC directs CCIT to pass a reasoned and speaking order

June 28, 2022 558 Views 0 comment Print

Explore the Jamuna Transport vs Union of India case challenging an IT refund denial under Section 119(2)(b). Details on the petitioner’s claims, application for rectification, and the court’s directive.

GST: Power under section 67 can be exercised during the pendency of proceedings

June 28, 2022 1068 Views 0 comment Print

Explore the case of Adhunik Corporation Ltd vs Superintendent, CGST Act, with a detailed analysis of Section 83, provisional attachment, and the impact of concluded Section 67 proceedings.

Appeal on substantial question of law should not be dismissed on technical ground

June 27, 2022 927 Views 0 comment Print

Explore the Calcutta High Court ruling on PCIT vs Organon, examining the delay condonation application. Legal insights, precedents, and implications for income tax appeals.

HC cannot be called upon to reexamine the facts or to re-appreciate the tenor & ambit of documents

June 27, 2022 273 Views 0 comment Print

HC held that this Court while exercising jurisdiction under Section 260A of the Income Tax Act cannot be called upon to reexamine the facts or to re-appreciate the tenor and ambit of the document which was placed before the Assessing Officer, CITA and more importantly the Tribunal has noted that the assessee has failed to establish the reimbursement which was pleaded by producing document despite opportunity being given at the appellate stage.

Reassessment based on Materials already available during Regular Assessment is invalid

June 27, 2022 480 Views 0 comment Print

Calcutta High Court quashes IT notice against Tinplate Company, citing change of opinion in assessing officer approach. Detailed analysis and implications.

HC quashes order passed without considering objection or rejecting adjournment request

June 24, 2022 585 Views 0 comment Print

Calcutta High Court sets aside IT order in Aman Khetawat vs ITO case due to violation of natural justice. Fresh order instructed. Calcutta High Court sets aside IT order in Aman Khetawat vs ITO case due to violation of natural justice. Fresh order instructed.

Failure to produce adequate evidence, accused entitled for benefit of doubt

June 23, 2022 591 Views 0 comment Print

Nand Kishore Rai Vs Central Bureau of Investigation (Calcutta High Court) The accused persons were given benefit of doubt, as the prosecution failed to inquire the witness and also failed to produce necessary books of accounts. Facts- The appellants, Nand Kishore Rai and his wife Smt. Bandana. Rai, were found guilty to the charge under […]

HC quashes Reassessment Notice against non-existing company

June 23, 2022 762 Views 0 comment Print

SMJ Eximp Limited Vs Union of India & Ors. (Calcutta High Court) It is the grievance of the petitioner that in spite of intimation of the fact that the assessee is not existing, still respondent is proceeding with the impugned reassessment proceeding and submits that the whole proceeding and the impugned notice and assessment order […]

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