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Calcutta High Court

Retrospective amendment will not attract provisions of Section 263

September 26, 2022 1425 Views 0 comment Print

AI Champdany Industries Limited Vs Commissioner (Calcutta High Court) Hon’ble Supreme Court in the case of COMMISSIONER OF INCOME TAX VS. MAX INDIA LTD. 2007 295 ITR 282 (SC) had taken note of the fact that Section 80HHC had been amended eleven times and different views existed on the day, when the COMMISSIONER (therein) passed […]

HC quashes Section 148A order for not-providing sufficient information

September 21, 2022 2592 Views 0 comment Print

High Court held that reasons provided to the petitioner did not contain any information but it is titled as ‘cash related information detail’ and such information cannot be said to be sufficient for reopening of the assessment.

Goods in transit cannot be detained for e-way bill expiry if no intent to evade Tax

September 20, 2022 3351 Views 0 comment Print

Whether authorities justified in imposing tax & penalty on the ground that, at the time of interception, validity period of E-Way bill stood expired

Custom: Even a partial prohibition will not prevent release of goods provisionally

September 20, 2022 1005 Views 0 comment Print

Kunjal Synergies Private Limited Vs Principal Commissioner of Customs (Calcutta High Court) Facts, in short, are that the petitioner has approached this Writ Court for release of the goods in question provisionally under Section 110A of the Customs Act, 1962 on the basis of the order of the Appellate Authority ordering for release of the […]

Accommodation entries- Bogus Billing- Shell Companies – HC upheld addition

September 18, 2022 3543 Views 0 comment Print

PCIT Vs Arshia Global Tradecom Private Limited (Calcutta High Court) In the case on hand the reassessment proceedings, the assessee was unable to justify the genuineness of the transactions. The assessee failed to produce original cash memos and bills for the sales alleged to have been effected and to substantiate the cash deposit into their […]

Receipt not in character of Income to not form part of book profit under Section 115JB

September 14, 2022 483 Views 0 comment Print

PCIT-4 Vs Krishi Rasayan Exports Pvt. Ltd (Calcutta High Court) Whether the interest subsidy and excise refund would be treated as capital receipt or revenue receipt for the purpose of computation of book profit under the provision of Section 115JB of the Income-Tax Act, 1961 ? Identical issue was also considered by this Court in […]

Reassessment is invalid in absence of valid notice

September 13, 2022 990 Views 0 comment Print

The foundation of a reassessment proceeding is a valid notice and if this notice is held to be invalid the entire edifice sought to be raised on such foundation has to collapse.

Disallowance u/s 40(a)(i)/ 40(a)(ia) unsustainable as amount not claimed as revenue expenditure

September 13, 2022 2373 Views 0 comment Print

Held that disallowance by invoking provisions of section 40(a)(i)/ 40(a)(ia) unsustainable as the alleged amount is not debited to the profit and loss account and accordingly not claimed as deduction under profits and gains of business or profession

Remedy for withholding of Duty drawback & IGST/unutilized ITC by tagging as Risky Exporter

September 13, 2022 1500 Views 0 comment Print

Duty drawback & IGST/unutilized ITC refund of exporters are withheld by department without assigning reasons & tagging as Risky Exporter

GST: HC cannot act as a fact finding & verification authority

September 12, 2022 978 Views 0 comment Print

Md. Yusuf Vs State Tax Officer (Calcutta High Court) The issue involved is highly disputed question of fact with regard to registration of the ‘Teak Sawn Timber’ not tallying with the declaration made in the E-way bill and invoices and further there is no existence of consignor at his registered place of business, this Court […]

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