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Calcutta High Court

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

March 6, 2022 1050 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 10605 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 5058 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 5910 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 2220 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 1146 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 3999 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.

Calcutta HC Quashes Section 148 notices issued after 31.03.2021 in 1083 Cases

January 18, 2022 22014 Views 0 comment Print

Calcutta High Court Quashes Notices under Section 148 of Income Tax Act, 1961 which were Issued After 31st March 2021 in 1083 cases. Bagaria Properties and Investment Pvt. Ltd. & 1082 Anr. Vs. U.O.I & Ors.

Transitional Credit allowed to be taken through GSTR-3B

January 8, 2022 18489 Views 1 comment Print

Nodal Officer, Jt. Commissioner Vs. Das Auto Centre (Calcutta High Court) Hon’ble Division Bench of the Hon’ble Calcutta High Court in the matter of Nodal Officer versus M/s. Das Auto CentreM.A.T. 552 of 2020 and others in its judgment dated 14.12.2021 has allowed claiming of transitional credit through GSTR-3B in cases where Form TRAN-1 could […]

HC directs Customs Commissioner to consider representation of Appellant & Pass reasoned & speaking order

January 7, 2022 1518 Views 0 comment Print

Carbon Resources Private Limited Vs The Prinicipal Commissioner of Customs (Port) & Anr. (Calcutta High Court) Petitioners in this writ petition are aggrieved by inaction on the part of the respondents to dispose of their first representation dated December 26, 2020 being Annexure P3 to the writ petition as well as the second representation by […]

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