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Calcutta High Court

HC set aside Order passed before expiry of time granted by AO to reply to draft assessment

June 16, 2022 897 Views 0 comment Print

Bhadrish Jayantilal Sheth Vs ITO (Calcutta High Court) In this writ petition, petitioner has challenged the impugned assessment order dated 30th March, 2022 under Section 147 read with Section 144B of the Income Tax Act, 1961 relating to assessment year 2013-2014 on the ground of violation of principle of natural justice by not providing the […]

Buyer Not Responsible For Non Payment of GST by Seller

June 16, 2022 231048 Views 0 comment Print

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,

Penny Stocks Bogus Capital Gain – Calcutta HC upheld Additions

June 15, 2022 27201 Views 0 comment Print

Calcutta High Court order on Penny stock in which  Department’s appeal in penny stock case has been allowed. The Orders of AO and CIT(A) have been restored. Reversed the order of ITAT. The Court Held that : 1. The assessees cannot take shelter under the opinion given by the experts as it is not the […]

Exotic Live Species stock duly declared as per advisory, summon illegal

June 14, 2022 2580 Views 0 comment Print

Stock of Exotic Live Spices was declared as per Voluntary Disclosure Scheme titled as ‘Advisory for Dealing with Import of Exotic Live Species in India and declaration of stock’ accordingly held that summon issued to the appellant by the respondent no. 3 is bad in law and illegal.

Order deleting section 68 additions after elaborate factual exercise is valid

June 11, 2022 537 Views 0 comment Print

PCIT Vs Anmol Stainless Pvt. Ltd. (Calcutta High Court) We find from the order passed by the tribunal that the assessing officer has complied with the direction issued by the CIT(A) and has given effect to the order and no adverse finding has been recorded by the assessing officer and accordingly the addition was deleted. […]

Give Assessee opportunity of hearing before passing Section 148A order: HC

June 11, 2022 1632 Views 0 comment Print

Inner Wheel Club of Central Calcutta Vs Union of India & Ors. (Calcutta High Court) HC directs Income Tax Authorities to consider Representations made on 25/03/2022 and subsequent dates and then pass Order under sec 148A(d). They have been also directed to give the assessee opportunity of hearing. FULL TEXT OF THE ORDER OF CALCUTTA […]

Reasonable opportunity must be given to taxpayer to submit evidences impacting tax liability

June 10, 2022 837 Views 0 comment Print

Tax authorities are to adjudicate upon the tax liability in accordance with law. The liability to taxation in respect of assessee should not escape assessee and likewise where the assessee was not in a position to show certain evidences which impacts the tax liability, reasonable opportunity should be afforded to such assessee to bring such evidences to the notice of the tax authorities.

Vehicle cannot be detained due to expiry of second e-way bill when first e-way bill is valid

June 8, 2022 3462 Views 0 comment Print

HC Held that, the Revenue Department could not have intercepted or detained the vehicle in the absence of a second e-way bill as the first e-way bill was valid during the interception period.

GST: Vehicle cannot be seized For Want of Second E-Way Bill if First Was Valid

June 4, 2022 1185 Views 0 comment Print

Assistant Commissioner Vs Ashok Kuamr Sureka (Calcutta High Court) We need not go into the controversy as to whether there was a break down of the vehicle, etc. The case has to be approached by considering the bona fides of the transaction as to whether the case warrants detention of the goods and collection of […]

Once insolvency petition is admitted, moratorium effect is to be given to pending suits or proceedings as per section 14

May 25, 2022 3057 Views 0 comment Print

Srei Equipment Finance Limited Vs Additional / Joint/ Deputy / Assistant CIT (Calcutta High Court) Facts- The appellant had filed the writ petition challenging the notice dated 23rd March, 2022 which is an opportunity granted to the assessee to show cause as to why the proposal made in the notice by way of giving effect […]

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