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Calcutta High Court

HC Stays Garnishee Order under GST as 50% of demand already been recovered

December 25, 2022 924 Views 0 comment Print

Graphic aids Vs Sales Tax Officer (Calcutta High Court) As stated by the learned Advocate for the appellant that sum of Rs.16,51,924/- has been recovered after the writ petition was dismissed, we feel the interest of revenue has been sufficiently safeguarded as more than 50% of the total dues has already been recovered. Therefore, the […]

Initiation of criminal proceeding without sanction order from commissioner is unsustainable

December 23, 2022 1245 Views 0 comment Print

Calcutta High Court held that criminal proceeding initiated in null and void as the proceeding has been initiated without a sanction order from the commissioner which is a mandatory precondition.

Addition for Non reconciliation of purchases with GSTR-1 – HC set-aside order 

December 21, 2022 1959 Views 0 comment Print

Whether on account of non reconciliation of purchases reflected by the party in GSTR 1 without supplying necessary details, the assessment order passed u/s 143(3)/144B is sustainable in law?

Order passed without considering recorded unretracted statements is untenable

December 21, 2022 1557 Views 0 comment Print

Calcutta High Court held that order passed without considering statements recorded under section 108 of the Customs Act which are not retracted is liable to be interfered.

Increased service tax rate under composition not affect pending contracts

December 21, 2022 1098 Views 0 comment Print

Calcutta High Court held that the rates of tax as increased would be prospective and shall not affect the pending contracts and therefore would be entitled to the compounded rate of tax at 2% for the relevant period.

Disability certificate issued by hospital cannot be doubted in absence of any rebuttable evidence

December 13, 2022 9930 Views 0 comment Print

Calcutta High Court held that disability certificate shows the disability was assessed by the doctor of the Board of Contai S.D. Hospital and their expertise and experience cannot be doubted in absence of any rebuttable evidence on record. Award granted by Ld. Tribunal justified.

Non-speaking order under GST is not valid: Calcutta HC

December 11, 2022 6459 Views 0 comment Print

Calcutta High Court in the case of Maxxcab Wires & Cables Pvt Ltd & Anr vs State Tax Officer held that the Non-speaking Order under Goods and Services Tax is not valid.

AO needs to apply net profit rate as ordered by Tribunal

December 5, 2022 1446 Views 0 comment Print

Calcutta High Court directed the assessing officer to apply the net profit rate as ordered by the Tribunal to the entire receipts i.e. disclosed and undisclosed.

Advocate of accused cannot be permitted to be present in course of his entire interrogation under PMLA

December 1, 2022 5076 Views 0 comment Print

Enforcement Directorate Vs Arijit Chakrabarti (Calcutta High Court) Section 41D of the Code of Criminal Procedure was inserted in the statute by Amending Act 5 of 2009 with effect from 1st November, 2010. The purpose and object of introduction of Section 41D of the Cr. P. C. is to ensure fundamental right of a citizen […]

Purchasing dealer entitled to claim refund of excess CST paid

November 29, 2022 2259 Views 0 comment Print

Calcutta High Court held that purchasing dealer is entitled for concessional rate of tax as they have fulfilled the conditions in Section 8 of the Central Sales Tax Act, 1956 and the Form “C” declarations having been verified and found to be in order by the concerned authority of the State of West Bengal. Thus, purchasing dealer are entitled to claim a refund of tax directly from the State of West Bengal and they are not required to make the claim through the selling dealer, IOCL.

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