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Calcutta High Court

HC confirms addition based on Bogus Balance Sheet submitted with Bank: Instruct ICAI to take action against erring CA

June 21, 2018 8775 Views 2 comments Print

Whether any addition to income can be made on the basis of balance-sheet and profit and loss accounts certified to have been prepared on estimate basis to avail bank loan and having no relation with the actual?

AO cannot treat commodity losses as bogus merely because broker was expelled from commodity exchange

June 19, 2018 1929 Views 0 comment Print

Principal CIT Vs Ms Blb Cables And Conductors Pvt. Ltd. (Calcutta High Court) Assessee has incurred losses from the off market commodity transactions and the AO held such loss as bogus and inadmissible in the eyes of the law. The same loss was also confirmed by the ld. CIT(A). However we find that all the […]

Seizure order of the goods in transit under GST, whether an appealable order

June 8, 2018 1356 Views 0 comment Print

Gati-Kintetsu Express (P) Ltd. Vs Asstt. CST (Calcutta High Court) Section 121 is an exception to section 107 of the Act of 2017. While Section 107 of the Act of 2017 makes every decision or order passed under the Act of 2017 to be appealable, section 121 makes an exception thereto and states that, few […]

Donation by a Trust to other Trust with Similar object allowable

May 16, 2018 32721 Views 0 comment Print

CIT Vs ST. Joseph Convert Chandannagar Educational Society (Calcutta High Court) The Revenue seeks to question the propriety of an order passed by the Appellate Tribunal which has allowed donations to be made by the assessee charitable trust to another charitable trust. According to the Revenue, Sections 11 to 13 of the Income Tax Act, […]

Deduction U/s. 80IB not allowable on non filing of Return within prescribed time U/s. 139(1)

May 4, 2018 1176 Views 0 comment Print

Suolificio Linea Italia (India) (P) Ltd. Vs JCIT (Calcutta High Court) Conclusion: Deduction under section 80-IB was not allowable in case assessee did not file its return of income for relevant assessment year within period prescribed under section 139(1) as per the condition imposed by section 80AC. Held: When the governing provision i.e., section 80AC […]

Authorities have right to ask about inclusion of GST in Tender Price

January 17, 2018 5142 Views 0 comment Print

Kakali Bera Vs. Union of India (Calcutta High Court) Tender process initiated by the tender notice dated April 27, 2017 is under challenge in the present writ petition. The petitioners were admittedly found to be technically qualified and their financial bids were opened. At the initial stage of the financial bid, the petitioners were declared […]

Building under construction cannot be taxed as deemed let out property

January 11, 2018 3990 Views 0 comment Print

Building being under construction during relevant previous year, the same could not be taxed applying provision of Section 23(1)(c) of Income Tax Act, 1961.

Calcutta HC explains who could be legal representative on death of Assessee

August 30, 2017 4611 Views 0 comment Print

Definition of legal representative given in the Code of Civil Procedure, 1908 is inclusive in character and its scope is wide. It is not confined to legal heirs only. It may be a person who may or may not be the heir, competent to inherit the property of the deceased.

HC on Validity of Service of notice by post, in person and then by affixture

August 23, 2017 1416 Views 0 comment Print

Service by post, which had been returned with the endorsement addressee not found, followed by an attempt at personal service and subsequent affixture would constitute substantial compliance of sec­tion 282

Prosecution under PMLA cannot be dropped for Acquittal by ICAI Disciplinary Committee

August 2, 2017 1278 Views 0 comment Print

The findings of the Disciplinary Committee by no stretch of imagination can be said to be binding on the criminal court where the accusation is to be proved on the basis of evidence adduced before it in accordance with law. Moreover, the findings do not render the substratum of accusation of conspiracy between the petitioner and the other accused persons in extending unjustified financial assistance to the borrowers in the instant case patently absurd or inherently improbable

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