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Calcutta High Court

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

October 16, 2020 8313 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 3036 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 4203 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 2904 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 1143 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 1659 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 1494 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 […]

HC dismisses Section 263 notice on the ground of Limitation

April 19, 2020 906 Views 0 comment Print

PCIT Vs Prince Water House (Calcutta High Court) Order dated 23.03.2015 passed by the AO giving effect to the directions of the tribunal dated 04.03.2014 (passed u/s 254 r.w.s 143(3) of the Act) did not deal with the issue of allowability of premium on account of Accountants Risk Policy. The show cause notice u/s 263 […]

Calcutta HC extends validity of existing interim orders till April 30

March 24, 2020 1017 Views 0 comment Print

Matters pending with interim orders in the High Court at Calcutta and Courts subordinate to it including the Tribunals within the State of West Bengal and Union Territory of Andaman & Nicobar Islands during the prevailing COVID-19 situation related non-availability of access to Courts.

HC stays Distribution of Seized Jewellery by Income Tax Authority owing to COVID-19

March 17, 2020 606 Views 0 comment Print

Ashok R. Mansata Vs Union of India & Ors. (Calcutta High Court) Coronavirus that has brought to a standstill all activities around the world including our High Court. In the prevailing situation, I am of the view that passing a writ of mandamus against the Income Tax Authorities would go against the notification issued by […]

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