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HC deletes penalty for wrong entry by staff due to voluminous transactions

July 21, 2022 909 Views 0 comment Print

Respondent had voluminous transactions, it committed an error while posting the relevant dividend entry, which was covered by one voucher since it was received on the same security.

Drawback u/s 74 not available to importer availing benefit of notification no. 27/02-Cus

July 20, 2022 7026 Views 0 comment Print

Bombay High Court held that importers who fall under Notification No. 27/02-Cus dated 1st March 2002 are not entitled to any drawback under Section 74 of Customs Act 1962.

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

July 20, 2022 3204 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 1227 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 1899 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 1977 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.

Vague SCN for Cancellation of GST Registration & subsequent cancellation not sustainable

July 20, 2022 2925 Views 0 comment Print

The show cause notice does not even allege that petitioner has obtained registration by fraud or willful misstatement or suppression of facts. There is a digital signature appended in the said document which says signature is not verified. Therefore, we have to take it to be an unsigned document. We fail to understand how it can be an official document.

Extended period of limitation cannot be invoked in absence of willful misstatement/suppression of fact

July 20, 2022 2898 Views 0 comment Print

Held that the conclusion that mere non-payment of duties is not equivalent to collusion or wilful misstatement or suppression of fact is untenable as the Act contemplates a positive action which betrays a negative intent of wilful default.

HC explains Provisions of Section 148A of Income Tax Act, 1961

July 20, 2022 10773 Views 0 comment Print

Abdul Majeed Vs ITO (Rajasthan High Court) High Court held that while passing an order under Section 148A of the Act, the authority is required to reach satisfaction to not only that income chargeable to tax has escaped assessment, but in case where three years have elapsed from the end of the relevant assessment year, […]

HC excludes period of writ pending with it for filing of appeal with Appellate Authority

July 19, 2022 1668 Views 0 comment Print

Hemraj Jain Vs State of West Bengal (Calcutta High Court) Section 107 of the WBGST 2017 Act provides that any person aggrieved by any decision or order passed under this Act by an Adjudicating Authority may appeal to such Appellate Authority as may be prescribed within three months from the date on which such decision […]

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