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Calcutta High Court

Rule 36(4) of CGST Rules Challenged before Calcutta HC

December 14, 2020 5577 Views 2 comments Print

Rule 36(4) of the CGST Rules/WBGST Rules drawing its power from Section 43A(4) of the CGST Act/WBGST Act, which is yet to be notified, restricts ITC available to a buyer of goods or services to a maximum of  10% on the basis of the details of outward supplies furnished by the supplier of goods or […]

Sexual harassment Complaint against same-gender is maintainable under POSH Act 2013

November 27, 2020 2082 Views 0 comment Print

Dr. Malabika Bhattacharjee Vs Internal Complaints Committe, Vivekananda College & Ors. (Calcutta High Court) A cursory glance at Section 2(m) of the posh 2013 Act shows that the term ‘respondent’ brings within its fold ‘a person’, thereby including persons of all genders. Although there is substance in the submission of the petitioner that the said […]

PIL challenging constitution of AAR – HC issues Notice to Government

November 25, 2020 1821 Views 0 comment Print

Rajendra Kumar Duggar Vs Union of India & Ors. (Calcutta High Court) Hon’ble Calcutta High Court has issued notice to Centre and State Government in a PIL filed by CA Rajendra Kumar Duggar wherein the petitioner has challenged the constitution of the Authority of Advance Ruling and Appellate Authority for Advance Ruling constituted under the […]

Notice issued in challenge to constitutional validity & vires of 16(4) of CGST Act 2017/WBGST Act 2017 by Calcutta HC

October 16, 2020 8232 Views 0 comment Print

Rainbow Infrastructure Private Limited & Anr Vs Assistant Commissioner (Calcutta High Court) Hon’ble Calcutta High Court has issued notice to Centre and State Government in the matter of Latika Ghosh Vs ACST, Raiganj Charge & others, W.P. A. No. 7272  of 2020, in the matter of Rainbow Infrastructure Pvt. Ltd. Vs. ACST, Barrackpore Zone & […]

HC on Entitlement to extension of usance period of Letter of Credit Facility from 180 to 270 days

September 25, 2020 2976 Views 0 comment Print

The moot question raised in the writ petition is, whether the writ petitioners are entitled to an extension of the usance period of the Letter of Credit Facility sanctioned to the writ petitioners from 180 days to 270 days.

Section 215 of the IBC, 2016 is not mandatory: HC

August 18, 2020 4143 Views 0 comment Print

Univalue Projects Pvt. Ltd. Vs Union of India & Ors. (Calcutta High Court) a) The NCLT has acted without jurisdiction and exceeded its jurisdiction that is limited within the four corners of Section 424 of the CA, 2013 by passing the impugned order in violation of Section 7(3)(a) of the IBC, 2016. Furthermore, the impugned […]

HC allows to Make Copies of Seized Documents | Section 67(5) | CGST Act 2017

July 8, 2020 2835 Views 0 comment Print

Calcutta High Court Allowed the Petitioner to Approach the Authorities to Make Copies of Seized Documents under Section 67(5) of the CGST Act, 2017 and Reply to Show Cause Notice thereafter.

Transitional ITC Credit on stock claimable within three years: HC

June 24, 2020 1083 Views 0 comment Print

Whether the petitioner is entitled to get an opportunity to file the declaration in CGST TRAN –2 in order to be allowed to take transitional Credit on account of inputs held in stock as on the appointed date?

Section 80HHC Exchange Rate Fluctuations is Export Turnover 

May 15, 2020 1635 Views 0 comment Print

The issue under consideration is whether extra realization made in rupees for export sale proceeds in foreign exchange due to adverse exchange rate of rupee would be part of the export turnover in the year of receipt and qualify it for deduction u/s Section 80-HHC ?

Covid 19- HC stays Bank account attachment subject to Rs. 5 Lakh setting apart for Taxes

April 21, 2020 1464 Views 0 comment Print

Niyasha Barman Vs ITO (Calcutta High Court) There subsists an order dated March 20, 2020 passed by the Hon’ble Supreme Court directing the revenue authorities not to initiate any recovery proceedings during the subsistence of the COVID-19 pandemic. In my view, interest of justice would be subserved by directing the banks of the petitioners to […]

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