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Calcutta High Court

Pre-show-cause notice consultation not Mandatory but Directory & Discretionary

March 6, 2022 2703 Views 0 comment Print

Jagdish Das Vs Union of India (Calcutta High Court) Heard learned Advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned show-cause-cum-demand notice dated 23rd April, 2021 issued by the CGST Authority concerned on the ground that the same was issued without issuing pre-show cause notice consultation as per Circular No.1076/02/2020 […]

HC quashes order passed without providing documents relied & by denying cross-examination of witnesses

March 6, 2022 1740 Views 0 comment Print

Sunil Kumar Mitra Vs Union of India (Calcutta High Court) Considering the submission of the parties and admitted position which appears from record, I am of the view that in this case there was violation of principle of natural justice and the impugned order of the Appellate Authority is a non-speaking order on the aforesaid […]

GST Registration cannot be cancelled in violation of principles of natural justice

March 6, 2022 3438 Views 1 comment Print

Latika Ghosh Vs  Commercial Tax Officer/Assistant Commissioner (Calcutta High Court) 1. The court ordered for the restoration of the appellant’s certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is […]

HC quashes order for Confiscation of car for alleged use in Smuggling passed without opportunity of hearing 

March 6, 2022 981 Views 0 comment Print

As per Section 115(2) of the Customs Act, 1962 Any conveyance or animal used as a means of transport in the smuggling of any goods or in the carriage of any smuggled goods shall be liable to confiscation, unless the owner of the conveyance or animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal

No penalty for expiry of e-way bill if no intention to evade tax

March 1, 2022 10533 Views 0 comment Print

Ashok Kumar Sureka Vs Assistant Commissioner (Calcutta High Court) Hon’ble Calcutta HC in a matter relating to imposition of tax and penalty under section 129 of the CGST Act 2017 on the ground of expiry of e-way bill, has quashed the orders and allowed refund of both tax and penalty paid subject to compliance of […]

Meaning of ‘education’ u/s 2(15) cannot be restricted to only formal school or college

March 1, 2022 5001 Views 0 comment Print

Supreme Court in the case of Thanthi Trust has held that the word education occurring in Section 2(15) of the Act has to be given a wider meaning and not to restrict it to mean formal school education.

Deactivation of DIN of the Directors is not automatic: HC

February 20, 2022 5841 Views 0 comment Print

Satya Narayan Banik Vs Union of India (Calcutta High Court) This Court is of the view that the object and purposes of Section 164 and 167, as amended is to ensure probity and the highest standard of governance in Companies both public and private. A failure to file balance sheet and the annual returns for […]

Revaluation of Land by firm after conversion of inventory into fixed asset – colourable device?

February 7, 2022 2184 Views 0 comment Print

PCIT Vs Orchid Griha Nirman Pvt. Ltd. (Calcutta High Court) Tribunal agreed with CIT(A) that after conversion of inventory into fixed asset the firm revalued the developed land including construction thereon in order to bring it in line with the current market value to justify the business assistance secured by the firm from the banks […]

HC quashes assessment order passed without issuing SCN & draft assessment order

January 30, 2022 1122 Views 0 comment Print

Haldia Steels Pvt. Ltd. Vs. Union of India (Calcutta High Court) In this matter the petitioner has challenged the impugned assessment order dated 28th September, 2021, under section 147 read with section 144B of the Income Tax Act on the ground of violation of principle of natural justice by not serving copy of the draft […]

Reassessment notice quashed for failure of AO to follow statutory formalities

January 21, 2022 3954 Views 0 comment Print

Reassessment notice was quashed with liberty to AO concerned to initiate fresh re-assessment proceedings in accordance with the relevant provisions of the Act as amended by Finance Act, 2021 and after making compliance of the formalities as required by the law.

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