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Calcutta High Court

TCS not applicable on Timber sawn into logs of different dimensions & shapes

July 31, 2022 19164 Views 0 comment Print

PCIT (TDS) Vs Nirmal Kumar Kejriwal (Calcutta High Court) The first objection raised by the assessee was that the tax collected at source is applicable on raw timber which mean timber logs that is obtained from the forest produce. Apart from that they had stated that they were trading in processed wood which are imported […]

GST demand Recovery before Expiry of Time to file Appeal is Violation of Law

July 30, 2022 3384 Views 0 comment Print

GST demand Recovery without giving any opportunity to petitioner to file statutory appeal which is mandatory before initiating any recovery proceeding is clear violation of Section 78 of GST Act.

HC dismisses petition claiming ownership of cash seized by Enforcement Directorate

July 30, 2022 606 Views 0 comment Print

Renu Devi Banka Vs Union of India (Calcutta High Court) By this writ petition, petitioners have challenged the impugned show-cause-notice dated 3rd February, 2022 issued by the Special Director, Directorate of Enforcement, Adjudicating Authority, Chandigarh, against the 24 persons who are third parties/ noticees and none of them are the petitioners in this Writ Petition […]

Captive undertaking eligible for Section 80IC deduction

July 26, 2022 855 Views 0 comment Print

CIT Vs ITC Limited (Calcutta High Court) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in allowing the claim of the assessee for deduction under Section 80IC of the I.T. Act, 1961, amounting to Rs.72,21,948/- by disregarding that the captive undertaking is not entitled to […]

If the last date to file a reply is a holiday, the date extends to the next working day

July 26, 2022 5610 Views 0 comment Print

R N Fashion Vs Union of India And Ors (Calcutta High Court) In this case reply was uploaded online by the assessee on 21st March, 2022 and the time limit for filing the reply in terms of notice expired on 18th March, 2022 which was a public holiday and the following two days namely, 19th […]

Violation of principles of natural justice – If basis of reopening not furnished: HC

July 23, 2022 1785 Views 0 comment Print

Court is convinced that there has been violation of principles of natural justice inasmuch as the appellant was not furnished with full information based on which the assessment was sought to be reopened.

Electricity generated from Waste Gas cannot be classified HSN 2716

July 22, 2022 1509 Views 0 comment Print

HC held that electricity generated from Waste Gas cannot be classified under chapter heading 2716 and hence, cannot be said to be exempted goods, since not excisable goods so as to warrant reversal of credit

Trust cannot be treated as AOP if order cancelling trust registration was set-aside

July 21, 2022 1215 Views 0 comment Print

Order of cancellation of registration was set aside by Tribunal and, therefore, direction was issued to assessing officer to assess assessee as a trust and not as AOP

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

July 20, 2022 3111 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 1206 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 […]

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