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Calcutta High Court

Only Advocates are authorized to plead and argue on behalf of litigants before court of law

February 21, 2019 10269 Views 1 comment Print

Only a special class of persons, namely, Advocates enrolled under The Advocates Act, 1961, have been authorised to plead and argue before a court of law, thus, any other person authorized or a recognized agent can do ‘other than pleading’.

Prosecution proceedings justified on failure to disclose foreign bank accounts under Black Money and Imposition of Tax Act, 2015

February 14, 2019 1635 Views 0 comment Print

Where assessee was given an opportunity to make the disclosure with regard to foreign bank accounts and the amount lying thereat however assessee failed to avail the  opportunity to make disclosure with regard thereto while submitting his return in the proceedings under search and seizure and also before Settlement Commission, the authorities was justified to initiate prosecution as per the provisions of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.

GST TRAN-2 – Calcutta High Court allows revision

February 7, 2019 1251 Views 0 comment Print

Observing that there is no ground as to why a person filing Form GST TRAN-2 should not be allowed to correct and file such revised form, Calcutta High Court has allowed filing of revised Form GST TRAN-2.

Reasonable opportunity to rectify Tran-2 should be allowed

February 7, 2019 4353 Views 0 comment Print

Optival Health Solutions Pvt Ltd Vs UOI (Calcutta High Court) Petitioners have sought a direction upon the respondents to allow them to revise/rectify their Form GST TRAN-2 electronically or manually – Petitioners contend that the present scheme of things does not allow rectification or revision of the TRAN-2 form and such a lacuna violates Article […]

Sec. 154 rectification can be invoked in case order of assessment inconsistent with a binding precedent.

January 29, 2019 6378 Views 0 comment Print

Where an assessment order not in tuned with the law laid down by a binding precedent, it would amount to an error apparent on the record for the purpose of invoking rectification under section 154.

Service Tax Audit is Primafacie Permissible even under GST Regime

January 15, 2019 4665 Views 1 comment Print

M/s. Gitanjali Vacationville Private Limited & anr. Vs The Union of India & anr. (Calcutta High Court) Audit under Service Tax can continue post GST Section 174 is the repeal and saving provisions. Sub-Section 1 of Section 174 repeals the provisions of the various statutes as mentioned therein. Sub-Section (2) of Section 174 stipulates that, notwithstanding […]

Assessment cannot be completed on the basis of past Incident

December 21, 2018 2304 Views 0 comment Print

Sahara India Mutual Benefit Co. Ltd appeal: The income tax department cannot presume something to have happened five years ago, it did not mean that assessee indulged in similar activity in the previous year

Non-issuance of notice U/s. 143(2) & Applicability of section 292BB

November 28, 2018 2685 Views 0 comment Print

PCIT Vs Oberoi Hotels Pvt. Ltd. (Calcutta High Court) Section 292BB does not dispense with issuance of any notice that is mandated to be issued under the Act, but merely cures the defect of service of such notice if an objection in such regard is not taken before completion of assessment or reassessment as time […]

Section 234B / 234C interest on income arising from retrospective operation of any statute, decision etc.

November 15, 2018 951 Views 0 comment Print

Imposition of interest is justified under sections 234B and 234C of the Income Tax Act, 1961, save and except on the income which arises from retrospective operation of any statute, decision etc.

Lottery can be charged to GST under CGST Act, 2017: Calcutta HC

October 10, 2018 3081 Views 0 comment Print

Teesta Distributors & Ors. Vs Union of India & Ors. (Calcutta High Court) The following issues have arisen for consideration:- i) Is lottery a ‘goods’ or an ‘actionable claim’? It has held that, a lottery is in essential a chance for a prize, the sale of a lottery ticket can only be a sale of […]

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