Kolkata High Court

Kolkata high court stays service tax audit

Magma Housing Finance Ltd. and Magma ITL Finance Ltd. Vs Union of India & Ors. (Kolkata High Court)

Considering the submissions made by all the parties, and the orders placed before me in relation to stay of similar notices of Service Tax audit by the different High Courts,  I am of the prima facie view that the impugned notices dated December 13, 2018 and April 25, 2019 should be stayed till June 12, 2020 or until further orders which...

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Validity of Section 16(2)(c) of the CGST Act/WBGST Act

M/s. LGW Industries Limited & ors. Vs. Union of India & ors. (Calcutta High Court)

On the second issue in the petition, it was stated that in the absence of any finding about petitioners mala fide intention, connivance or wrongful association with the suppliers, no liability can be imposed on it on the principle of vicarious liability on account of fraudulent conduct of the suppliers, who have obtained registration on t...

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GST Tran-1 directory not mandatory, Centre-State seeks time to counter: Calcutta HC

M/s. Rudra Autoparts Distributor Vs. Union of India (Calcutta High Court)

Petitioner Rudra Autoparts Distributor filed writ petition praying to allow filing of form GST Tran 1 to enable it to claim transitional credit of eligible duties in respect of inputs held in stock on the appointed day in terms of  Section 140(3) of the Central Goods and Services Tax Act, 2017 read with Rule 117 of the Central Goods and ...

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Reimbursements on electricity expenses from occupants chargeable to Service tax

Srijan Realty (P) Ltd. Vs. Commissioner of Service Tax (Kolkata High Court)

Recently, the issue of levibility of Service Tax on reimbursements on electricity expenses received from the occupants of a complex came before a Single Member Bench of the Hon’ble Calcutta High Court, wherein the Hon’ble High Court has upheld the levy of Service Tax on such transactions....

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Reassessment to disallow employee’s PF contribution despite disclosure in Tax Audit report is invalid

S.R. Batliboi & Co. Vs ACIT (Calcutta High Court)

S.R. Batliboi & Co. Vs ACIT (Calcutta High Court) Kelvinator of India Ltd. (supra) has held that, after April 1, 1989 the assessing officer invoking the provisions of Section 147 of the Act of 1961 must have tangible material to come to the conclusion that, there was escapement of income from assessment. Reasons must have a […...

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Reasonable opportunity to rectify Tran-2 should be allowed

Optival Health Solutions Pvt Ltd Vs UOI (Calcutta High Court)

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 viol...

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Loss can be carried forward if Return is filed within reasonable time permitted by notice u/s 153A(1)(a)

Shrikant Mohta Vs CIT (Calcutta High Court)

Shrikant Mohta Vs CIT (Calcutta High Court) When search operations are conducted under Section 132 of the Act, the obligation of the assessee to file any return remains suspended till such time that a notice is issued for such purpose under Section 153A(1) (a) of the Act. If the return is filed by the assessee within the reasonable ti...

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Deficit incurred in earlier years by a Trust can be treated as application of Income in Subsequent year

Devi Kamal Trust Estate Vs. Director of Income Tax (Exemption) Kolkata & Ors. (Calcutta High Court)

Deficit incurred by a trust could not be treated in the same way as that of a loss sustained by an assessee under the head ‘profits and gains of business or profession‘ for such deficit to be furnished in a return and verified. The same was to be allowed to be set off against surplus […]...

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Compensation paid for damage to environment is allowable

Shyam SEL Ltd. vs. DCIT (Kolkata High Court)

The compensation was paid because the assessee had failed to install the pollution control device within the time prescribed. Therefore, payment of the sum of Rs.12,50,000/- is not hit by Explanation-1 to Section 37 of the Act. The Hon’ble judges of the Kolkata High Court by setting aside the orders of ITAT held that payment was und...

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Appellate order passed without reasons for conclusions Not Valid

CIT, TDS Vs Khadim Shoes Pvt Ltd (Kolkata High Court)

High Court Kolkatta held in CIT,TDS Vs Khadim Shoes Pvt Ltd that the order passed by the CIT(A) should contain reasons for its conclusions of decisions. An order without reasons is of no relevance. So the appeal had been dismissed....

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Income from business of letting of property taxable as Business Income

Shyam Burlap Company Ltd Vs CIT (Kolkata High Court)

Kolkatta High court held Shyam Burlap Company Ltd Vs CIT that as the assesse’s main business is purchasing, developing and letting out of property. The same was mentioned in the object clause of memorandum of the company....

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Drawings / designs expressed on a media is classified as good Under Excise / Custom tariff so not liable to service tax

Mitsui & Co. Ltd. Vs Commissioner of Central Excise & Service Tax, Jamshedpur (Kolkata High Court)

we are of the considered opinion that the designs and drawings which were imported and assessed as 'goods', cannot be subjected to Service tax, hence, no Service tax is chargeable on that part of the contract relating to Contract No. CRMP/CON/SPM/03 dated 16-7-1998 attributing towards the value of designs and drawings. ...

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When the disputed issue is decided by the Apex Court, the proceeding initiated u/s 263, against the deduction wrongly claimed by the assessee and allowed by the AO, cannot be said to be an invalid stating that there were two opinions available

Jai Mica Supply Co Pvt Ltd Vs CIT (Kolkata High Court)

Jai Mica Supply Co Pvt Ltd Vs CIT (Kolkata High Court)- We do not find any substance in the contention of Mr. Khaitan that there were conflicting views on this point when the notice under Section 263 of the Act was issued. ...

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Supply of food and beverage, in sealed containers to international airlines leaving India, amounts to exports within the meaning of Sec 80HHC

EIH Limited Vs CIT (Kolkata High Court)

EIH Limited Vs CIT (Kolkata High Court)- The sale of food and beverages to the international airlines in sealed containers constitutes an export of goods out of India and the payment received from the said foreign airlines in India, in the form of rupees, could be treated as payment in convertible foreign exchange within the meaning of th...

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Proceeding u/s 263 initiated on the basis of existing circular which conflicts with views of High Courts or Supreme Court not sustainable

Bhartia Industries Ltd. Vs Commissioner of Income Tax, Central- III (Kolkata High Court)

Bhartia Industries Ltd Vs CIT (Kolkutta HC) - The Commissioner of Income-tax initiated proceedings under Section 263 of the Act questioning the allowance of the said payments made on account of VRS by the Assessing Officer and an order under Section 263 of the Act dated March 4, 2003 was passed by the Commissioner under Section 263 of ...

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Assessee can claim lower of depreciation or business loss as claimed in the books of account for the preceding year while computing book profits u/s 115J

Peico Electronics & Electrical Ltd. Vs Commissioner of Income Tax (Kolkata High Court)

Peico Electronics & Electricals Ltd Vs CIT (Kolkata High Court)- We are of the opinion that the term 'loss' as occurring in clause (b) of the proviso to Section 205 (1) of the Companies Act has to be understood and read as the amount arrived at after taking into account the depreciation. Then alone the formula prescribed in this clause wo...

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