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Calcutta High Court

Penny Stocks Bogus Capital Gain – Calcutta HC upheld Additions

June 15, 2022 26733 Views 0 comment Print

Calcutta High Court order on Penny stock in which  Department’s appeal in penny stock case has been allowed. The Orders of AO and CIT(A) have been restored. Reversed the order of ITAT. The Court Held that : 1. The assessees cannot take shelter under the opinion given by the experts as it is not the […]

Exotic Live Species stock duly declared as per advisory, summon illegal

June 14, 2022 2478 Views 0 comment Print

Stock of Exotic Live Spices was declared as per Voluntary Disclosure Scheme titled as ‘Advisory for Dealing with Import of Exotic Live Species in India and declaration of stock’ accordingly held that summon issued to the appellant by the respondent no. 3 is bad in law and illegal.

Order deleting section 68 additions after elaborate factual exercise is valid

June 11, 2022 513 Views 0 comment Print

PCIT Vs Anmol Stainless Pvt. Ltd. (Calcutta High Court) We find from the order passed by the tribunal that the assessing officer has complied with the direction issued by the CIT(A) and has given effect to the order and no adverse finding has been recorded by the assessing officer and accordingly the addition was deleted. […]

Give Assessee opportunity of hearing before passing Section 148A order: HC

June 11, 2022 1539 Views 0 comment Print

Inner Wheel Club of Central Calcutta Vs Union of India & Ors. (Calcutta High Court) HC directs Income Tax Authorities to consider Representations made on 25/03/2022 and subsequent dates and then pass Order under sec 148A(d). They have been also directed to give the assessee opportunity of hearing. FULL TEXT OF THE ORDER OF CALCUTTA […]

Reasonable opportunity must be given to taxpayer to submit evidences impacting tax liability

June 10, 2022 810 Views 0 comment Print

Tax authorities are to adjudicate upon the tax liability in accordance with law. The liability to taxation in respect of assessee should not escape assessee and likewise where the assessee was not in a position to show certain evidences which impacts the tax liability, reasonable opportunity should be afforded to such assessee to bring such evidences to the notice of the tax authorities.

Vehicle cannot be detained due to expiry of second e-way bill when first e-way bill is valid

June 8, 2022 3261 Views 0 comment Print

HC Held that, the Revenue Department could not have intercepted or detained the vehicle in the absence of a second e-way bill as the first e-way bill was valid during the interception period.

GST: Vehicle cannot be seized For Want of Second E-Way Bill if First Was Valid

June 4, 2022 1158 Views 0 comment Print

Assistant Commissioner Vs Ashok Kuamr Sureka (Calcutta High Court) We need not go into the controversy as to whether there was a break down of the vehicle, etc. The case has to be approached by considering the bona fides of the transaction as to whether the case warrants detention of the goods and collection of […]

Once insolvency petition is admitted, moratorium effect is to be given to pending suits or proceedings as per section 14

May 25, 2022 2940 Views 0 comment Print

Srei Equipment Finance Limited Vs Additional / Joint/ Deputy / Assistant CIT (Calcutta High Court) Facts- The appellant had filed the writ petition challenging the notice dated 23rd March, 2022 which is an opportunity granted to the assessee to show cause as to why the proposal made in the notice by way of giving effect […]

Criminal offence against lawyer in absence of any tangible evidence is unsustainable

May 22, 2022 2148 Views 0 comment Print

Bhaskar Banerjee Vs CBI (Calcutta High Court) Facts- Mr. Partha Das Chowdhury and Smt. Baisali Mukherjee, two directors of Emotions Infomedia Private Limited, applied for cash credit loan facility before Opposite Party no.2/ Bank. The petitioner an empanelled advocate of IDBI Bank/ Opposite Party no.2. prepared a favorable Search Report on the basis of two […]

Alternative remedy is not absolute bar to maintainability of Writ Petition in Exceptional Circumstances

May 18, 2022 3180 Views 0 comment Print

B.D Tea Estates Pvt. Ltd. Vs State of West Bengal & Ors. (Calcutta High Court) Petitioner’s sole contention for avoiding the statutory alternative remedy of Appeal before the West Bengal Taxation Tribunal against the impugned order of the first Appellate authority which it has voluntarily chosen at the first instance to challenge the assessment order in […]

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