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Calcutta High Court

Revocation of cancellation of GST registration – HC directs dept to pass speaking order

March 31, 2022 4227 Views 0 comment Print

Pavati Trading Private Limited Vs Deputy Commissioner of State Tax (Calcutta High Court) In this matter, grievance of the petitioner is mainly against the action of cancellation of registration of GST certificate of the petitioner by impugned order dated 28th July, 2020 against which the petitioner had made objection on 31st July, 2020. Thereafter, respondent […]

HC Quashes Non-Speaking Order Passed in violation of principles of natural justice

March 29, 2022 4203 Views 0 comment Print

Subhatosh Majumdar Vs Union of India (Calcutta High Court) On perusal of the impugned assessment order, I find the same is non­speaking also. Though this Court is very reluctant to entertain any writ petition against any assessment order which is an appeallable order, but in view of patent violation of principles of natural justice and […]

HC order lifting of Blockage of Electronic Credit Ledger after one year of blockage

March 29, 2022 471 Views 0 comment Print

Jai Venktesh Concast Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) In this matter, petitioner has challenged the impugned action of the respondents blocking credit ledger of the petitioner by order dated 24th November, 2020. Learned advocate appearing for the petitioner submits that in view of Rule 86A(3) of the West Bengal […]

HC set aside detention order passed by GST Authorities

March 18, 2022 2565 Views 0 comment Print

Precious Trade Link Private Limited Vs Assistant Commissioner of State Tax under Bureau of Investigation (Calcutta High Court) In this writ petition, petitioners have challenged the impugned order dated 29th January, 2022 passed by the Deputy Commissioner of Revenue, State Tax, Bureau of Investigation, North Bengal, Alipurduar Zone/Respondent No.2 on the ground that the said […]

GST: HC upheld order imposing conditions on release of seized goods & vehicle

March 17, 2022 2793 Views 0 comment Print

State Tax Officer, Bureau of Investigation (North Bengal) Vs Surinder Kumar Kotnala & Ors. (Calcutta High Court) 1. This intra Court appeal is directed against the interim order dated 25th November, 2021 in W.P.A. No.16096 of 2021 filed by the respondent nos.1 and 2 herein. The respondent nos.1 and 2 had challenged an order passed […]

Calcutta HC stays GST demand on payment of 20% of Balance Disputed demand

March 17, 2022 4125 Views 0 comment Print

Deputy Commissioner Vs Nidhi Madhogaria (Calcutta High Court) In this matters the petitioner filed two writ petitions before the Hon’ble Single Judge of Calcutta High Court by challenging the impugned detention orders passed U/s. 129 by the WBGST authority. The petitioner came before Calcutta High Court after exhausting appellate forum. At the time of appeal […]

HC quashes section 148 Notice & directs AO to pass reasoned & speaking order

March 17, 2022 2334 Views 0 comment Print

HC directs Ao to pass a reasoned and speaking order after giving an opportunity of hearing to the petitioner or its authorised representative within eight weeks from the date of communication of this order and all further proceedings will depend upon the final out come of the order to be passed by the respondents on the aforesaid representation.

HC direct CIT(A) to pass speaking order while rejecting petition for stay of demand

March 17, 2022 1659 Views 0 comment Print

Majumder Global IP Vs Union of India (Calcutta High Court) Facts involved in the instant case in brief is that the petitioner being aggrieved by the assessment order in question filed the statutory appeal before the Commissioner of Income Tax (Appeals) sometimes in the month of October 25, 2021 and petitioner makes an innocuous prayer […]

HC suspends order cancelling GST registration based on Vague reasons

March 13, 2022 3186 Views 0 comment Print

Galaxy Mechanical Engineering Equipments Private Ltd. Vs Assistant Commissioner (Calcutta High Court) In this matter, petitioner has challenged the impugned show-cause notice for cancellation of registration of the petitioner and suspending the registration of the petitioner by the same impugned show-cause notice itself and petitioner has further challenged the impugned show-cause notice for cancellation of […]

Customs: HC set aside punishment order imposing penalty without any enquiry & adjudication 

March 8, 2022 1977 Views 0 comment Print

Dharanidhar Ghosh Vs Union of India (Calcutta High Court) In this matter, petitioner has challenged the impugned order dated 28th January, 2022 passed by the respondent Commissioner of Customs in the case of the petitioner imposing several punishments including Punishment No.V, imposing a penalty of Rs.1 crore under Section 112 (b) of the Customs Act […]

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