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Calcutta High Court

CIT cannot assume section 263 Jurisdiction merely for not agreeing with View of AO

November 23, 2021 1191 Views 0 comment Print

PCIT Vs Bangiya Gramin Vikash Bank (Calcutta High Court) The short issue which falls for consideration is whether the exercise of jurisdiction by the Commissioner of Income Tax-14 (Kolkata) (CIT) under Section 263 of the Act was just and proper. The Tribunal considered the factual position and noted that the CIT was of the opinion […]

Limitation period to be reckoned from Date of Revision order passed by AO U/s. 143(3) RW Section 263

November 22, 2021 2859 Views 0 comment Print

PCIT Vs Apeejay Shipping Ltd. (Calcutta High Court) The Tribunal rightly held that the period of limitation for the assessment year 2007-08 has to be reckoned from the date of the order passed by the Assessing Officer under Section 143(3) read with Section 263 i.e. 8th December, 2011 and not from the date of the […]

Writ filed challenging constitutional validity of Section 140(5) of CGST Act, 2017

November 20, 2021 6276 Views 0 comment Print

Maa Durga Plastic Vs Assistant Commissioner (Calcutta High Court) Constitutional validity of Section 140(5) of the CGST Act to the extent that it denies ITC on capital goods in transit challenged before Hon’ble Calcutta High Court Maa Durga Plastic has filed a writ petition vide W.P.A. No. 10340 of 2021 before the Hon’ble Calcutta High […]

Calcutta HC upheld Deletion of addition for Share Capital

November 15, 2021 4341 Views 0 comment Print

Whether on the facts and in the circumstances of the case the Learned Tribunal, erred in law in upholding the order of the CIT (Appeals) by deleting the addition of Rs.11,39,00,000/-made by the Assessing Officer under Section 68 of Income Tax Act, 1961 by disregarding that the assessee could not satisfactorily explain the genuineness of the transactions and creditworthiness of the share applicants in question ?

Section 148 notice in non-existent company name was bad in law

October 24, 2021 3408 Views 1 comment Print

Transway Wine Pvt. Ltd. Vs PCIT (Calcutta High Court) Impugned notice is quashed solely on the ground that the impugned notice was issued in the name of non-existing company in spite of revenue having notice and knowledge of non-existence of such Company. Quashing of this notice will not prevent the respondents from issuing fresh notice in […]

Allotment of Flat to Sourav Ganguly was quashed as no one above Law

October 12, 2021 1608 Views 0 comment Print

The allotment of a plot by the West Bengal Housing Infrastructure Development Corporation (HIDCO) to former cricketer and current BCCI President Sourav Ganguly for the purpose of establishing an educational institution was quashed as no one could claim to be exclusive, above the law and sought benefits from the State, especially when question arose for allotment of plots for commercial ventures.

Faceless Assessment order quashed as password for VC not provided

October 12, 2021 15777 Views 0 comment Print

Neeraja Rateria Vs National Faceless Appeal Centre Delhi (Calcutta High Court) The Court: Heard learned advocates appearing for the parties. In this matter the petitioner has challenged the impugned assessment order dated 26th August, 2021 passed under section 143(3) read with section 144B of the Income Tax Act relating to assessment year 2018-19 and subsequent […]

HC quashes faceless assessment order for not providing password for Video conference link

October 11, 2021 2607 Views 0 comment Print

The Calcutta High court in this case was considering the writ petition where the petitioner contended that the assessment was made in disregard of the violation of natural justice as the password for the Video Conferencing was not provided and relevant evidence was produced.

Section 153C order passed without disposing objection of Assessee Violates principle of natural justice

October 10, 2021 2901 Views 0 comment Print

Bajrang Tea Manufacturing Company Private Limited Vs Union of India (Calcutta High Court) I am of the view that a very short issue, according to me, involved in these writ petition is as to whether before passing the aforesaid impugned assessment orders, the objections/representations made by the petitioners against the initiation of impugned proceedings under […]

GST registration cancellation for work from Home; Pass reasoned & Speaking order: HC

October 10, 2021 2478 Views 0 comment Print

Temporarily petitioner was not carrying his business from the premises in question from officially registered premises and they were carrying business in question from home.

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