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Calcutta High Court

One line order dismissing appeal for delay in submission is invalid

August 27, 2022 4047 Views 0 comment Print

HC set aside one line order dismissing appeal of assessee on the ground of delay in submission without supporting detailed reasons

Calcutta High court stays reassessment proceedings on ground of time barred

August 25, 2022 9531 Views 0 comment Print

SS Commotrade Private Limited Vs ITO (Calcutta High court) By this writ petition, petitioner has challenged the impugned order dated 30th July, 2022 under Section 148A(d) of the Income Tax Act, 1961 relating to assessment year 2014-15, and, all subsequent proceedings based on the impugned notice dated 29th June, 2021 under Section 148 of the […]

In absence of arbitration agreement, conduct of parties doesn’t mean parties have agreed to arbitration

August 25, 2022 4347 Views 0 comment Print

Held that in absence of written arbitration agreement, the conduct between the parties cannot be construed to mean that, the parties had agreed to arbitration.

Utilisation of ITC excise duty with output tax is payment for Section 43B of IT Act

August 22, 2022 663 Views 0 comment Print

HC held that when assessee adjusted excise duty payable on closing stock of finished goods with available input credit and paid remaining amount after said adjustment, would tantamount to actual payment and no disallowance could be made under section 43B of Income-tax Act, 1961

Revised rate of import duty not applicable to bill of entry presented before issuance of notification

August 18, 2022 1473 Views 0 comment Print

Held that bill of entry was self-assessed before the notification no. 103/2020- Customs (N.T.) dated 29.10.2020 was issued. Accordingly, revised rate of duty not applicable.

HC allows refiling of Appeal with Appellate Authority which was dismissed for non filing of certified copy of order

August 17, 2022 777 Views 0 comment Print

Debabrata Santra Vs Assistant Commissioner of Revenue (Calcutta High Court) Calcutta High Court allows refiling of Appeal with Appellate Authority which was dismissed for non filing of certified copy of order FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT Heard learned Advocates appearing for the parties. By this writ petition, petitioner has challenged the […]

Electronic Credit Ledger cannot be debited when appeal Already been Filed

August 16, 2022 642 Views 0 comment Print

S. D. Enterprises Vs Assistant Commissioner (Calcutta High Court) Petitioner submits that since the petitioner has approached the appellate authority under the statute and has complied with the provisions regarding deposit of a portion of the disputed amount of tax, the respondent authorities could not have debited the aforesaid amount from the electronic credit ledger […]

Transfer of Income Tax File without opportunity of hearing: HC grants interim relief

August 11, 2022 192 Views 0 comment Print

Golden Goenka Commerce Pvt. Ltd Vs PCIT (Calcutta High Court) By these writ petitions, petitioners have challenged the impugned orders of transfer of petitioners’ income tax file from Kolkata to Lucknow under Section 127(2) of the Income Tax Act, 1961. It is the case of the petitioner that before passing the impugned order of transfer […]

Intention to refer to arbitration should be emphasized in case of vague arbitration clause

August 10, 2022 3663 Views 0 comment Print

Held that intention of the parties to have their disputes arbitrated and that the same is paramount even where the dispute resolution clauses are vaguely worded or where there is an ambiguity in choice of the mechanism to be adopted.

HC upheld project completion method followed by assessee

August 9, 2022 618 Views 0 comment Print

PCIT Vs Burdwan Development Authority (Calcutta High Court) On perusal of the order passed by the tribunal HC find that the tribunal has rightly taken note of the legal position and granted relief to the assessee. Apart from that, the tribunal has also noted the factual position and relevant details were called for. The assessing […]

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