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Calcutta High Court

RBI is ‘State’ under Article 12 of Indian Constitution: Calcutta HC

March 10, 2021 3921 Views 0 comment Print

Pearson Drums & Barrels Pvt. Ltd. Vs The General Manager, Consumer Education & Protection Cell of Reserve Bank of India and others (Calcutta High Court)  Upon considering the submissions of the parties, it is evident that the petitioner has not only claimed refund of full processing fees from respondent no.4, a private bank, but has […]

HC imposes cost of Rs.50000 on Department for filing belated Appeal with it despite tax effect of less than Rs. 1 Crore

February 8, 2021 990 Views 0 comment Print

When the appeal was taken up learned Counsel for the appellant submitted the tax effect involved in the present appeal is below ₹ one crore. He prayed for withdrawal of the present appeal.

HC accepts Writ petition although alternative remedy was available

January 29, 2021 3057 Views 0 comment Print

Writ petition was maintainable despite the availability of an alternative remedy as the nature of challenge thrown in the writ petition was on the ground of absence of jurisdiction of Resolution Professional and the NCLT in IBC matters and not ‘wrongful exercise of the available jurisdiction’, thus bringing it within the fold of Article 226 of the Constitution.

Validity of tax-Recovery just after passing of order of Appellate Authority

January 22, 2021 1602 Views 0 comment Print

H.M. Leisure Vs State of West Bengal (Calcutta  High Court) It is trite law that when an appeal provision has been provided under the statute, the Authorities are not allowed to recover the amount payable unless there are extenuating circumstances. In the present case the dispute is with regard to classification issue, and therefore, I […]

Public Money Recovery Cannot Wait Indefinitely to Suit Convenience of A Particular Borrower

January 22, 2021 924 Views 0 comment Print

Brahm (Alloys) Ltd. & Anr. Vs West Bengal Financial Corporation & Ors. (Culcutta High Court) HC held that Counsel for the respondents is justified in arguing that recovery of public money cannot wait indefinitely to suit the convenience of a particular borrower. In the present case, even the latest offer given by the concerned ARC, […]

GST classification Issue: HC directs GST Authorities to not to detain person called for recording any evidence

January 18, 2021 1185 Views 0 comment Print

Nowrangroy Agro Private Limited Vs Union of India (Calcutta High Court) The officer holding the enquiry shall receive the documents after preliminary scrutiny thereof and should release the person producing such documents immediately thereafter without detaining him for recording any evidence. The officer shall make a full study of the documents so produced on 29th […]

GSTR-1 cannot be amended after expiry of time- Condonation not possible: HC

January 4, 2021 1866 Views 0 comment Print

he petitioner thereafter made an application seeking rectification of the GSTR-1 Form for the period of January 2018 to March 2018. This application was rejected on the ground that the period for making such an application expired at the end of September 2018 as per Section 37 of the West Bengal Goods and Services Tax Act, 2017.

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

December 14, 2020 5625 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 2133 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 1833 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 […]

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