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Calcutta High Court

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

October 10, 2021 3027 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 2571 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.

HC quashes Faceless Assessment Order Passed without Waiting for DRP direction

October 9, 2021 1296 Views 0 comment Print

Respondent was not in a position to defend and justify the action of the Respondent of passing the impugned assessment order in disregard to the aforesaid circular of the CBDT and also the action of the Respondent concerned in passing the impugned assessment order without getting any instruction from the DRP within the time stipulated under the statute.

Attachment of Bank accounts are not permitted after expiry of statutory time limit

October 7, 2021 4128 Views 0 comment Print

In present facts of the case, the Hon’ble Calcutta High Court allowed the Writ Petition filed by the Petitioner to operate his bank accounts and postal accounts in question, which were attached by the Respondent as time limit of 180 days under section 5 of the Prevention of Money Laundering Act, 2002 were expired.

HC declined to interfere with order of Settlement Commission & dismisses Writ Petition

October 2, 2021 2259 Views 0 comment Print

P. K. Bhawmick Vs Abhratosh Mazumdar (Calcutta High Court) HC was not inclined to interfere with the impugned order of the Settlement Commission in this Writ Petition and dismissed the same for the following reasons: i) Petitioner/Income Tax authorities have failed to make out any case in this Writ Petition that the learned Settlement Commission […]

SCN issued by DRI stayed for lack of authority under Customs Act

September 29, 2021 2067 Views 0 comment Print

Aktel By Proprietorship Anand Kumar & Ors. Vs Union of India And Ors. (Calcutta High Court) Current writ petition has been filed against Show Cause Notice dated April 13, 2020 (SCN) issued by the Directorate of Revenue Intelligence (“DRI”) under Section 124 read with Section 28 of the Customs Act, 1962 on the ground of […]

Section 154 of Customs Act cannot be invoked for compliance of original adjudication order

September 28, 2021 3054 Views 0 comment Print

M. K. Saha and Co. Vs Union of India (Calcutta High Court) Conclusion: In present facts of the case, the Hon’ble High Court observed that corrigendum under Section 154 of the Customs Act, 1962 is not sustainable in law since in the name of rectification of clerical or arithmetical or typographical mistake neither any additional […]

Income Tax Payable on Salary of a person staying in India for more than 182 days

September 22, 2021 1716 Views 0 comment Print

Tapas Kumar Basak Vs Assistant Director of Income Tax, International Taxation-II & Ors (Calcutta High Court) Tapas Kumar Basak (Petitioner) has challenged the impugned order dated January 25, 2007 passed by the Director of Income Tax (International Taxation), Kolkata (Respondent) treating the Petitioner as ‘Resident’ for having stayed in India for 182 days during the […]

Calcutta HC directs CBDT to dispose Representation made U/s 194O

September 15, 2021 1899 Views 0 comment Print

Mjunction Services Ltd. Vs Union of India (Calcutta High Court) HC directs CBDT to dispose the representation made U/S 194O: A single judge bench of the Calcutta High court on hearing the writ petition filed by the Mjunction Services Ltd.directed the Central Board of Direct Taxes (CBDT) to consider and dispose the representation regarding section […]

ITAT remands case back to AO- Reassessment based on change of opinion

September 15, 2021 2970 Views 0 comment Print

Magma HDI General Insurance Co. Ltd. Vs. ITO (Calcutta High Court) Mr. Dutta could not satisfy this Court about what new material of documents came into the possession of the Assessing Officer after the order of assessment under Section 143(3) of the Act, which were not produced by the assessee before the Assessing Officer in […]

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