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Calcutta High Court

GST TRAN-2 – Calcutta High Court allows revision

February 7, 2019 1368 Views 0 comment Print

Observing that there is no ground as to why a person filing Form GST TRAN-2 should not be allowed to correct and file such revised form, Calcutta High Court has allowed filing of revised Form GST TRAN-2.

Reasonable opportunity to rectify Tran-2 should be allowed

February 7, 2019 4518 Views 0 comment Print

Optival Health Solutions Pvt Ltd Vs UOI (Calcutta High Court) Petitioners have sought a direction upon the respondents to allow them to revise/rectify their Form GST TRAN-2 electronically or manually – Petitioners contend that the present scheme of things does not allow rectification or revision of the TRAN-2 form and such a lacuna violates Article […]

Sec. 154 rectification can be invoked in case order of assessment inconsistent with a binding precedent.

January 29, 2019 7137 Views 0 comment Print

Where an assessment order not in tuned with the law laid down by a binding precedent, it would amount to an error apparent on the record for the purpose of invoking rectification under section 154.

Service Tax Audit is Primafacie Permissible even under GST Regime

January 15, 2019 4917 Views 1 comment Print

M/s. Gitanjali Vacationville Private Limited & anr. Vs The Union of India & anr. (Calcutta High Court) Audit under Service Tax can continue post GST Section 174 is the repeal and saving provisions. Sub-Section 1 of Section 174 repeals the provisions of the various statutes as mentioned therein. Sub-Section (2) of Section 174 stipulates that, notwithstanding […]

Assessment cannot be completed on the basis of past Incident

December 21, 2018 2619 Views 0 comment Print

Sahara India Mutual Benefit Co. Ltd appeal: The income tax department cannot presume something to have happened five years ago, it did not mean that assessee indulged in similar activity in the previous year

Non-issuance of notice U/s. 143(2) & Applicability of section 292BB

November 28, 2018 2991 Views 0 comment Print

PCIT Vs Oberoi Hotels Pvt. Ltd. (Calcutta High Court) Section 292BB does not dispense with issuance of any notice that is mandated to be issued under the Act, but merely cures the defect of service of such notice if an objection in such regard is not taken before completion of assessment or reassessment as time […]

Section 234B / 234C interest on income arising from retrospective operation of any statute, decision etc.

November 15, 2018 1146 Views 0 comment Print

Imposition of interest is justified under sections 234B and 234C of the Income Tax Act, 1961, save and except on the income which arises from retrospective operation of any statute, decision etc.

Lottery can be charged to GST under CGST Act, 2017: Calcutta HC

October 10, 2018 3327 Views 0 comment Print

Teesta Distributors & Ors. Vs Union of India & Ors. (Calcutta High Court) The following issues have arisen for consideration:- i) Is lottery a ‘goods’ or an ‘actionable claim’? It has held that, a lottery is in essential a chance for a prize, the sale of a lottery ticket can only be a sale of […]

Calcutta HC grants Bail to GST Defaulters in Fake GST Invoice Case

October 9, 2018 2097 Views 0 comment Print

Calcutta High Court grants bail to alleged GST defaulters accused of evasion via fake invoices. Analysis of the court’s decision on bail conditions and statutory rights.

PILCOM can be treated as Agent of Non-Resident Cricket Boards & Players

September 25, 2018 1245 Views 0 comment Print

Director of Income Tax Vs Board of Control for Cricket in Sri Lanka & Ors. (Calcutta High Court) In 1996, the Cricket World Cup tournament was held in the sub-continent. Sri Lanka won it, for the only time, in history. The International Cricket Council (ICC) has its head quarters in London. It is the organisation […]

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