Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The Calcutta High Court addressed the maintainability of a writ petition concerning a contractual dispute in the private law realm involving arrears of rent. The court found that the department willfully defaulted in paying rents revised as per CPWD norms and Income Tax Department instructions. The Single Bench rightly noted the factual position and allowed the writ petition. The court emphasized that jurisdiction can be exercised in a private law realm with certain caveats. The Chief Commissioner of Income Tax unilaterally fixed the rent, which the department failed to communicate, delaying compliance with the direction. The court upheld the Single Bench's decision to order payment of arrears based on recognized valuation principles. The court criticized the department for unfair treatment of the building owners and affirmed the writ petition's maintainability.
The Calcutta High Court addressed the maintainability of a writ petition concerning a contractual dispute in the private law realm involving arrears of rent. The court found that the department willfully defaulted in paying rents revised as per CPWD norms and Income Tax Department instructions. The Single Bench rightly noted the factual position and allowed the writ petition. The court emphasized that jurisdiction can be exercised in a private law realm with certain caveats. The Chief Commissioner of Income Tax unilaterally fixed the rent, which the department failed to communicate, delaying compliance with the direction. The court upheld the Single Bench's decision to order payment of arrears based on recognized valuation principles. The court criticized the department for unfair treatment of the building owners and affirmed the writ petition's maintainability.
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