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Calcutta High Court

HC stays section 148 notice issued without complying section 148A

August 2, 2021 3405 Views 0 comment Print

Bhagwati Prasad Jalan Vs  Union Of India And Ors. (Calcutta High Court) The learned Advocate for the respondents is not able to deny the allegations of the petitioners that Section 148A provisions of the Income Tax Act, 1961 was not complied with in this case before issuing notice under Section 148 of the said Act and […]

HC direct appellant to file application to CBDT for condonation of delay in Filing Form No.10

July 26, 2021 1236 Views 0 comment Print

Tripura Cricket Association Vs ACIT (Calcutta High Court) The case of the petitioner in short is that the petitioner is the governing body for cricket of the Tripura State and it is affiliated to the Board of Control of India (BCCI) and it is the case of the petitioner that it was enjoying exemption under […]

Calcutta HC too stays reassessment proceedings U/s. 148 R.W. 148A

July 15, 2021 15003 Views 0 comment Print

Honourable Calcutta High Court too stayed the reassessment proceedings under section 148 read with section 148A , notices issued post 31/03/2021 and the notifications of extension of notices , following the ratio of the other HC judgements on similar issues . Interim order of STAY PASSED 

HC stays section 148 notice for non-compliance of Section 148A

July 15, 2021 2313 Views 0 comment Print

Bagaria Properties and Investments Private Limited & Anr. Vs Union of India and Ors. (Calcutta High Court) The Court:-In this matter petitioners have challenged the impugned notices dated 29th May, 2021 and 18th June, 2021 relating to assessment years 2014-15 and 20 15-16 respectively under Section 148 of the Income Tax Act, 1961 on the […]

Calcutta HC restrains TDS deduction under Section 194N

July 8, 2021 42081 Views 4 comments Print

Calcutta High Court issues interim order in Apeejay Tea Ltd. petition challenging constitutional validity of Income Tax Section 194N. Stay till September 30, 2021.

Constitutional validity of Rule 86A of CGST Rules challenged

June 29, 2021 3009 Views 0 comment Print

MRS Realty Private Ltd. and Anr. Vs Union of India and Ors. (Calcutta High Court) Calcutta High Court issued a notices to the Centre as well as State Government in a writ petition where vires of Rule 86A was also challenged and it was also prayed to read down section 16(2)(c) of The CGST Act. […]

HC quashes Order passed hastily without considering objection of Assessee

June 28, 2021 786 Views 0 comment Print

Parvati Resources Pvt. Ltd. Vs ITO (Calcutta High Court) HC finds that the contention of the respondents that it was time barring matter is not acceptable in view of the fact that the relevant assessment order to be revised was received by the petitioner on 4th February, 2020 and as per the statute, limitation is […]

Calcutta HC takes Cognizance of Wastage of Medicines in Govt Hospitals

June 22, 2021 2094 Views 0 comment Print

Court on its own motion Vs State of West Bengal and others (Calcutta High Court) There is a need to develop a mechanism whereby wasteful expenditure on purchase of medicines in different hospitals and also the medical colleges which are not required and have to be thrown in dustbin after its expiry, need to be […]

Mandatory enquiry u/s 202 of Code even if accused resided beyond territorial jurisdiction of Trial Court

June 11, 2021 12639 Views 0 comment Print

As the law required that an enquiry be held under Section 202 of the Code if the accused stayed outside the Court’s jurisdiction, such enquiry had to be undertaken in clear terms and the Trial Court, after making such enquiry whether by taking evidence on affidavit or by restricting the enquiry to examination of documents or not, was required to decide whether there were sufficient grounds to issue process against the accused.

No bar on ED to file appeal under section 26 of PML Act, through Assistant Director

June 10, 2021 2988 Views 0 comment Print

Nillesh Parrekh Vs Assistant Director (Calcutta High Court) The Enforcement Directorate (ED) happens to be the specialised financial Investigating Agency under the Department of Revenue, which is entrusted to enforce the provisions of the Prevention of Money Laundering Act, 2002 (PML Act). As such, it will be utterly fallacious to suppose that only the Director […]

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