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Calcutta High Court

Compensation duly assessed taking annual income after statutory deduction in terms of ITR

January 18, 2023 1410 Views 0 comment Print

Calcutta High Court held that compensation duly assessed taking the annual income after statutory deduction in terms of Income Tax Return.

Whether reassessment proceedings initiated for AY 2015-16 relying on TOLA and Instruction issued by CBDT is bared by limitation?

January 18, 2023 3297 Views 0 comment Print

Dilip Bhikhalal Desai Vs DCIT (Calcutta High Court) Justice Shekhar B Saraf in this order was dealing with challenge to the order u/s 148A(d) and Notice u/s 148 dated 29th July,2022 which was passed by the AO for the AY 2015-16 admittedly relying on the Instruction No 01/2022 dated 11th May, 2022 and Appellant argued […]

Validity of Second notice issued under Section 148 of Income Tax Act without disposing return filed to first notice

January 16, 2023 8472 Views 0 comment Print

A short question of law involved in this writ petition is that whether a second notice under Section 148 of the Income Tax Act, 1961 issued by the assessing officer after the expiry of one year as per Section 153(6)(i) is valid without disposing the return filed to the first notice issued under Section 148 of the Income Tax Act for the very same assessment year.

Time limit stated under Regulation 17(7) of CBLR, 2018 is mandatory in nature

January 16, 2023 1113 Views 0 comment Print

Calcutta High Court held that timeline prescribed under Regulation 17(7) of Customs Brokers Licensing Regulations, 2018 (CBLR, 2018) relating to completion of the proceedings and passing of the final order within 90 days from the date of receipt of inquiry report is mandatory in nature.

HC allows Assessee to avail Vivad Se Vishwas Scheme benefit after due date considering delay in filing Appeal by revenue

January 14, 2023 873 Views 0 comment Print

Assessee should not be non-suited for the default committed by the revenue in nor preferring the appeal within the period of limitation

Assessee cannot be asked to approach appellate authority if it was not made a party to original application

January 13, 2023 1356 Views 0 comment Print

HC held that, directing assessee to prefer an appeal will not be effective as the facts, which it seeks to bring on record were not a part of records before original authority.

Calcutta HC Directs Refund of admitted refundable VAT amount With Interest

January 13, 2023 306 Views 0 comment Print

Alkem Laboratories Limited Vs Joint Commissioner of Sales Tax (Calcutta High Court) Petitioner has filed this writ petition being aggrieved by the inaction on the part of the respondents Authority concerned in refunding the admitted refundable amount as indicated in pages 30,31 and 32 of the writ petition which comes around Rs.5,58,54,103.61 in total. Petitioner […]

HC quashes non-speaking order passed against two PAN numbers   

January 13, 2023 1317 Views 0 comment Print

Appellants to file a representation before assessing officer and explaining as to why two PAN numbers were obtained by appellants / assessee.

HC directs department to consider representation to condones delay in payment under IDS, 2016

January 12, 2023 1170 Views 0 comment Print

Dr. Satyajit Bose Vs DCIT (Calcutta High Court) Admittedly, under the under Income Declaration Scheme, 2016 (IDS, 2016) , the third installment of income tax ought to have been remitted by the appellant not later than 30th September, 2017 but was remitted on 16th October 2017 Since the scheme did not provide for any extension […]

HC directs assessee to approach appellate authority w.r.t. order detaining ‘Teak Sawn Timber’

January 11, 2023 474 Views 0 comment Print

HC held that assessee cannot approach High Court when first remedy is still available. Directed the assessee to approach the State Tax Authority who passed the detention order and seek to revoke it by answering all the allegations.

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