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Writ Court can interfere & quash a show cause notice if it is an order by itself & issued with a pre-meditated mind

February 7, 2023 6918 Views 0 comment Print

HC set aside the show cause notices on the ground that writ court can interfere if the show cause notice is an order by itself and not a show cause notice and it is pre-meditated then the Courts are entitled to interfere with the said order.

Denial of ITC due to cancellation of registration of supplier of goods with retrospective effect

October 12, 2022 9948 Views 0 comment Print

ACIT Vs LGW Industries Limited & ors. (Calcutta High Court) Hon’ble Division Bench of Calcutta high Court has dismissed the appeal of the department vide its judgment dated 16th September, 2022 in a dispute relating to denial of Input Tax credit due to cancellation of registration of supplier of goods with retrospective effect. Hon’ble single […]

Remedy for withholding of Duty drawback & IGST/unutilized ITC by tagging as Risky Exporter

September 13, 2022 1497 Views 0 comment Print

Duty drawback & IGST/unutilized ITC refund of exporters are withheld by department without assigning reasons & tagging as Risky Exporter

Challenge to constitutional Section 17(5)(d) of CGST Act, 2017 before SC

September 13, 2022 7329 Views 0 comment Print

SC will hear issue of constitutional validity of Section 17(5)(d) of CGST Act, which does not allow input tax credit on immovable property

Calcutta HC directs removal of Risky exporter tag and allows refund of duty drawback & IGST claim

July 20, 2022 2652 Views 0 comment Print

Nexage Innovations Vs Deputy Commissioner of Customs & ors. (Calcutta High Court) Calcutta High Court directs removal of Risky exporter tag and allows refund of duty drawback and IGST claim Hon’ble Division Bench of the Hon’ble Calcutta High Court in the matter M/s. Nexage Innovations Vs. The Deputy Commissioner of Customs & Ors M.A.T. 916 of […]

Calcutta HC quashes garnishee proceedings & original assessment order passed in violation of natural justice against which no appeal preferred

July 20, 2022 960 Views 0 comment Print

Sailesh Chandra Dutta Vs Assistant Commissioner (Calcutta High Court) Calcutta High Court quashes garnishee proceedings and original assessment order passed in violation of natural justice against which no appeal preferred Hon’ble Division Bench of the Hon’ble Calcutta High Court in the matter Sailesh Chandra Dutta Vs. Assistant Commissioner, Raiganj Charge, Raiganj & Ors M.A.T. 1062 […]

Calcutta HC directs lifting of attachment of overdraft bank account & condones filing of appeal before wrong forum

July 20, 2022 1578 Views 0 comment Print

The attachment of the overdraft bank account was done by way of initiation of garnishee proceedings as a sequel to an order of assessment which had attained finality as the appeal against such assessment order was filed before the wrong forum and mandatory pre deposit for the purpose of filing of the appeal was also not made.

Calcutta HC allows transitional credit through monthly return Form GSTR-3B

July 20, 2022 1584 Views 0 comment Print

The common but most important feature in all these cases was that the entitlement of the writ petitioners to the input credit had crystallized. This crystallized right, which had ripened into the vested right, was being denied on account of procedural problem.

HC directs GSTN to open portal to file, revise or re-revise TRAN 1 return

June 30, 2022 2004 Views 0 comment Print

HC directed the respondents to open the portal to file, revise or re-revise TRAN 1 return, if it is possible or feasible.

Can Default Bail be denied on filing of additional complaint subsequent to filing of Bail Application?

June 3, 2022 5304 Views 0 comment Print

M. Ravindran Vs Intelligence Officer (Supreme Court of India) Can Default Bail be denied on filing of additional complaint subsequent to filing of Bail Application? In common legal parlance, the right to bail under the Proviso to Section 167(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) is commonly referred to as ‘default bail’ or […]

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