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Calcutta High Court

No rectification under section 154 in section 264 Revisional order on new issues

August 23, 2021 2196 Views 0 comment Print

Rakesh Agarwal Vs ITO (Calcutta High Court) The Court:-The petitioner has challenged the impugned order dated 20th December, 2011 rejecting the petitioner’s application under Section 154 of the Income Tax Act, 1961 for rectification of the alleged mistake in the order dated 22nd December, 2011 passed under Section 264 of the Act on the ground […]

Income Tax refund cannot be withheld without assigning any reason

August 6, 2021 7407 Views 0 comment Print

If a statute provides an act to be done by a particular authority and in a particular manner, it should only be done by that authority and in that manner or not at all noted that the Respondent acted arbitrarily by withholding the refund without assigning any reason though the statute mandates for recording the same.

HC stays section 148 notice issued without complying section 148A

August 2, 2021 3468 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 1251 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 15030 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 2370 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 42246 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 3123 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 825 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 2163 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 […]

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