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Calcutta High Court

GST: Vehicle cannot be seized For Want of Second E-Way Bill if First Was Valid

June 4, 2022 1368 Views 0 comment Print

Assistant Commissioner Vs Ashok Kuamr Sureka (Calcutta High Court) We need not go into the controversy as to whether there was a break down of the vehicle, etc. The case has to be approached by considering the bona fides of the transaction as to whether the case warrants detention of the goods and collection of […]

Once insolvency petition is admitted, moratorium effect is to be given to pending suits or proceedings as per section 14

May 25, 2022 3285 Views 0 comment Print

Srei Equipment Finance Limited Vs Additional / Joint/ Deputy / Assistant CIT (Calcutta High Court) Facts- The appellant had filed the writ petition challenging the notice dated 23rd March, 2022 which is an opportunity granted to the assessee to show cause as to why the proposal made in the notice by way of giving effect […]

Criminal offence against lawyer in absence of any tangible evidence is unsustainable

May 22, 2022 2577 Views 0 comment Print

Bhaskar Banerjee Vs CBI (Calcutta High Court) Facts- Mr. Partha Das Chowdhury and Smt. Baisali Mukherjee, two directors of Emotions Infomedia Private Limited, applied for cash credit loan facility before Opposite Party no.2/ Bank. The petitioner an empanelled advocate of IDBI Bank/ Opposite Party no.2. prepared a favorable Search Report on the basis of two […]

Alternative remedy is not absolute bar to maintainability of Writ Petition in Exceptional Circumstances

May 18, 2022 3585 Views 0 comment Print

B.D Tea Estates Pvt. Ltd. Vs State of West Bengal & Ors. (Calcutta High Court) Petitioner’s sole contention for avoiding the statutory alternative remedy of Appeal before the West Bengal Taxation Tribunal against the impugned order of the first Appellate authority which it has voluntarily chosen at the first instance to challenge the assessment order in […]

HC Directs Dept to consider GST refund application on merits

May 18, 2022 1470 Views 0 comment Print

Heatworks Private Limited Vs Assistant Commissioner, State Tax (Calcutta High Court) In this writ petition, petitioner has challenged the impugned order dated January 18, 2022 passed by the respondent-GST authority rejecting the claim for refund to the petitioner on the ground of limitation. Learned advocate for the petitioner submits that the impugned order of rejection […]

HC directs AO to consider representation of Assessee – Section 148A(d)

May 18, 2022 1014 Views 0 comment Print

Purnadisha Trading Private Limited Vs Union of India (Calcutta High Court) Petitioner in this writ petition has challenged the impugned order dated March 30, 2022 under section 148A(d) of the Income Tax Act, 1961 (Annexure P1/p.21) on the grounds that the impugned order dated March 30, 2022 has been passed by the assessing officer concerned […]

HC quashes Reassessment order passed Without issuing Section 148 Notice

May 14, 2022 750 Views 0 comment Print

Govardhan Commodities Pvt. Ltd. Vs. ACIT/DCIT (Calcutta High Court) In this matter, petitioner has challenged the impugned assessment order dated 19th March, 2022 under Section 147 read with Section 144 of the Income Tax Act, 1961 relating to the assessment year 2014-15 being Annexure P-5 to the writ petition, on the ground that the same […]

ITC cannot be denied on Genuine Transactions with suppliers whose registration cancelled after transaction

May 14, 2022 23511 Views 0 comment Print

Petitioners could not be faulted if the suppliers appeared to be fake later on. Petitioners further submit that they have paid the amount of purchases in question as well as tax on the same not in cash and all transactions were through banks and petitioners are helpless if at some point of time after the transactions were over,

Issue of Section 148A notice mandatory before issuing any notice U/s. 148

May 14, 2022 1086 Views 0 comment Print

Dinesh Agarwal Vs ACIT (Calcutta High Court) Considering these facts, HC was of the considered view that this case clearly falls under the amended Act relating to proceedings under section 147 of the Act under which issuance of notice under section 148A of the Act is mandatory before issuing any notice under section 148 of […]

HC imposes cost for filing writ against section 148 notice after 10 Months

May 8, 2022 1500 Views 0 comment Print

Matrix Commodeal Pvt. Ltd. Vs ITO (Calcutta High Court) This writ petition is allowed subject to payment of costs of Rs.5,000/- to the Calcutta High Court Legal Services Committee, since the impugned notice under section 148 of the Income Tax Act, 1961 has been issued on 31st March, 2021 as appears from record and this […]

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