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Calcutta High Court

HC Directs Dept to consider GST refund application on merits

May 18, 2022 1320 Views 0 comment Print

Heatworks Private Limited Vs Assistant Commissioner, State Tax (Calcutta High Court) In this writ petition, petitioner has challenged the impugned order dated January 18, 2022 passed by the respondent-GST authority rejecting the claim for refund to the petitioner on the ground of limitation. Learned advocate for the petitioner submits that the impugned order of rejection […]

HC directs AO to consider representation of Assessee – Section 148A(d)

May 18, 2022 876 Views 0 comment Print

Purnadisha Trading Private Limited Vs Union of India (Calcutta High Court) Petitioner in this writ petition has challenged the impugned order dated March 30, 2022 under section 148A(d) of the Income Tax Act, 1961 (Annexure P1/p.21) on the grounds that the impugned order dated March 30, 2022 has been passed by the assessing officer concerned […]

HC quashes Reassessment order passed Without issuing Section 148 Notice

May 14, 2022 480 Views 0 comment Print

Govardhan Commodities Pvt. Ltd. Vs. ACIT/DCIT (Calcutta High Court) In this matter, petitioner has challenged the impugned assessment order dated 19th March, 2022 under Section 147 read with Section 144 of the Income Tax Act, 1961 relating to the assessment year 2014-15 being Annexure P-5 to the writ petition, on the ground that the same […]

ITC cannot be denied on Genuine Transactions with suppliers whose registration cancelled after transaction

May 14, 2022 21414 Views 0 comment Print

Petitioners could not be faulted if the suppliers appeared to be fake later on. Petitioners further submit that they have paid the amount of purchases in question as well as tax on the same not in cash and all transactions were through banks and petitioners are helpless if at some point of time after the transactions were over,

Issue of Section 148A notice mandatory before issuing any notice U/s. 148

May 14, 2022 885 Views 0 comment Print

Dinesh Agarwal Vs ACIT (Calcutta High Court) Considering these facts, HC was of the considered view that this case clearly falls under the amended Act relating to proceedings under section 147 of the Act under which issuance of notice under section 148A of the Act is mandatory before issuing any notice under section 148 of […]

HC imposes cost for filing writ against section 148 notice after 10 Months

May 8, 2022 1338 Views 0 comment Print

Matrix Commodeal Pvt. Ltd. Vs ITO (Calcutta High Court) This writ petition is allowed subject to payment of costs of Rs.5,000/- to the Calcutta High Court Legal Services Committee, since the impugned notice under section 148 of the Income Tax Act, 1961 has been issued on 31st March, 2021 as appears from record and this […]

Interim Compensation Awarded U/S 143A of NI Act Cannot Be Recovered From Estate of Deceased Accused

May 8, 2022 16545 Views 0 comment Print

Indranil Mukherjee Vs State of West Bengal And Others (Calcutta High Court) The Calcutta High Court held that in case of death of an accused the compensation awarded under Section 138 of the Negotiable Instruments Act, 1881 can be recovered from the estate of a deceased accused, but an interim compensation awarded under Section 143A of […]

HC dismisses writ petition for availability of alternative remedy; Impost cost on Advocate for Rude Behaviour in Court

May 7, 2022 1008 Views 0 comment Print

HC held that we are not inclined to entertain this writ petition and the same is accordingly dismissed without going into the merit of the assessment only on the ground of availability of the alternative remedy. This writ petition is dismissed with costs of Rs. 10,000/- upon Mr. Somak Basu, learned Advocate because of his rude behavior in Court and addressing to the chair in highly disrespectful manner.

HC imposes cost of Rs. 5000 for delayed filing of writ against section 148 Notice 

May 7, 2022 621 Views 0 comment Print

Orion Book Binders Private Limited Vs ITO (Calcutta High Court) HC held that writ petition is allowed subject to payment of costs of Rs.5,000/- to the Calcutta High Court Bar Association Lawyers’ Benevolent Fund, since the impugned notice under section 148 of the Income Tax Act, 1961 has been issued on April 8, 2021 as […]

HC cannot stop Income Tax Demand recovery from directors Post Liquidation of Company

May 2, 2022 603 Views 0 comment Print

Raja Ram Dalmia Vs CIT (Calcutta High Court) HC held that Without going into these disputed facts that whether claim was lodged before the Official Liquidator, admitted position today which exists on the basis of report of the Official Liquidator is that even if the respondent Income Tax Authority wants to recover the demand from […]

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