What are the parameters to consider the cessation of liability to be taxed u/s 41(1) of Income-tax Act,1961 and relation with limitation Act 1963?
R3 Enterprises and Anr Vs Deputy Commissioner of State Tax (Calcutta High Court) This application has been filed in connection with the main writ petition drawing attention of the court about a Circular dated 3rd August, 2022 being No. 179/11/2022-GST issued by the Government of India, Ministry of Finance and relying on such Circular petitioners […]
Calcutta High Court held that rejection of an application for revocation of registration without considering the vital facts is a non-speaking order liable to be set aside.
Section 107 of CGST Act, 2017 makes it clear that any person aggrieved by any decision or order passed under Act may appeal to appellate authority within time limit prescribed in Statute.
Calcutta High Court held that provisions of rule 86A(1) of the Central Goods and Services Tax Rules, 2017 nowhere indicates that the electronic credit ledger should contain sufficient balance for the purpose of blocking. Electronic credit ledger can be blocked even if there is NIL or insufficient balance.
Calcutta High Court held that appeal against acquittal of accused in a cheque bounce case can be filed only before High Court under Section 378(4) of CrPC and not before Sessions Court.
Raja Ram Dalmia Vs PCIT (Calcutta High Court) High Court held that department has to first initiate proceedings against the defaulting private limited company and upon failure in their attempt to recover the tax dues power under section 179 of the Act could have been invoked. On facts it is clear that no such attempt […]
Charging of shareholder with crime under PMLA cannot be a ground to attach property of Company unless there is an allegation that property acquired by company was from proceeds of crime.
HC directs Department of Industry to take requisite steps to make West Bengal State Support Industries Scheme, 2008 GST-compliant within a period of 16 weeks
Calcutta High Court held that the capital investment and resale do not lose their capital nature merely because the resale was foreseen and contemplated when the investment was made.
