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Calcutta High Court

Obligation u/r 6(2) of CCR fulfilled by availing 85% credit on common input service

April 11, 2023 681 Views 0 comment Print

Calcutta High Court held that by availing only 85% of credit on common input service, obligation under rule 6(2) of Cenvat Credit Rules, 2004 (CCR) is fulfilled.

Mere use of foreign word is immaterial to fall within ambit of international transaction

April 7, 2023 816 Views 0 comment Print

Calcutta High Court held that mere usage of foreign word does not make it automatic to fall within the ambit of an international transaction.

Carrying of physical copy of Invoice is mandatory – Soft copy is not valid: HC

April 6, 2023 143121 Views 0 comment Print

J. K. Jain Buildtech India Pvt. Ltd. Vs Assistant Commissioner (Calcutta High Court) The principal ground on which the petitioner was defeated before the appellate authority was that the petitioner could not produce the relevant invoices in physical form. Mr. Sandip Choraria, learned counsel appearing for the petitioner referring to Rule 138A of the Central […]

Calcutta HC order on matter of travelling outside India for wilful defaulters issued with lookout circular

April 1, 2023 1566 Views 0 comment Print

Sandeep Kabra Vs Bureau of Immigrations (Calcutta High Court) Whether suspended directors of a company who are guarantors can be restricted from travelling outside Country by a Bank by issuing lookout circular on account of being Willful defaulter? The Calcutta High Court in this case was considering the petitioners’ Writ application for travelling abroad to […]

Mutation is meant for identifying person primarily liable for payment of tax

March 30, 2023 1380 Views 0 comment Print

According to provisions of law, mutation is meant for the purpose of identifying person primarily liable for payment of tax. Mutation neither creates nor extinguishes title of any of parties to property.

Shares already accepted as investment in earlier AY cannot be treated as stock-in-trade in current AY

March 27, 2023 1716 Views 0 comment Print

Calcutta High Court held that for earlier assessment years already tax in respect of sale of shares was treated and accepted as long term capital gains. Thus, when the shares were held to be investments and accepted as earlier AYs, it cannot be said to be not an investment in the current AY. Accordingly, profit taxable as capital gains and not business income.

Transfer fee for land transfer cannot be demanded if NCLT exempts the same under IBC

March 25, 2023 1611 Views 0 comment Print

SPS Steels Rolling Mills Limited and Ors. Vs Asansol Durgapur Development Authority and Anr. (Calcutta High Court) Learned Single Judge by the impugned order has reached to the conclusion that the transfer fee was exempted under the resolution plan sanctioned by the National Company Law Tribunal and has found that the demand of the respondent […]

Revision application u/s 264 allowable to rectify bonafide mistake

March 22, 2023 9480 Views 1 comment Print

Calcutta High Court held that revision application filed under section 264 of the Income Tax Act allowable on account of bonafide mistake which cannot be rectified by filing revised return since original return was filed belatedly.

Follow SOP in faceless assessment environment: Calcutta HC

March 21, 2023 3711 Views 0 comment Print

Standard Operating Procedure (SOP) under the Faceless Assessment framed under Section 144B of the Act had been issued by the National Faceless Assessment Centre, Delhi and communicated to all the Principal Chief Commissioners, Income Tax under the cover of a letter dated 3rd August, 2022.

Accident claim compensation to be calculated on gross salary after deducting professional tax

March 20, 2023 12579 Views 0 comment Print

Calcutta High Court held that in case of accident claim, compensation is to be calculated on gross salary after deducting the professional tax.

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