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Calcutta High Court

HC allows Statutory Appeal Without Pre-Deposit; Goods & Vehicle Released on Bank Guarantee

August 8, 2024 477 Views 0 comment Print

Summary of the Calcutta High Court decision in Rajda Industries vs. State of West Bengal regarding the E-Way bill penalty dispute under the CGST/WBGST Act.

Lees than stipulated 7 clear days to respond: HC directs Fresh Assessment 

August 7, 2024 750 Views 0 comment Print

Calcutta High Court remands Sreelekha Banerjee’s 2019-20 tax assessment case to Faceless Assessment Unit for review, citing inadequate response time and natural justice principles.

Calcutta HC Stays GST Demand considering jurisdictional issue in Gopal Samanta case

August 7, 2024 678 Views 0 comment Print

Calcutta High Court stays GST demand against Gopal Samanta, questioning validity of time extensions under Section 73 of WBGST/CGST Act due to lack of force majeure.

Incorrect Pre-Deposit Can Be Rectified by Refiling Appeal with Correct Deposit: HC

August 2, 2024 489 Views 0 comment Print

Procedural lapses, such as incorrect pre-deposit payments, can be rectified by refiling the appeal with the correct deposit, ensuring that justice is served on merits rather than dismissed on technical grounds.

GST Registration Cancellation: HC Remands case for Failure to Consider Response

July 30, 2024 570 Views 0 comment Print

Explore the Calcutta High Court decision in Chiranjib Ghosh & Anr. Vs Assistant Commissioner regarding the cancellation of GST registration. Detailed analysis inside.

Payment made during search without issuance of acknowledgment in GST DRC-04 should be refunded: Calcutta HC

July 29, 2024 507 Views 0 comment Print

Calcutta High Court held that payment made during the course of search cannot be said to be voluntary payment. Such payment made cannot be retained by the department as acknowledgment in GST DRC-04 not given.

GST order passed subsequent to demise of registered tax payer, is unenforceable

July 29, 2024 381 Views 0 comment Print

Calcutta High Court sets aside an order under Section 74(9) of the GST Act, remanding the case due to proceedings held after the taxpayer’s death. Key implications outlined.

Services being part of mining operations are taxable only from 01.06.2007: Calcutta HC

July 29, 2024 165 Views 0 comment Print

Calcutta High Court held that coal cutting or mineral extraction and lifting them up to the pithead are essential integral processes and are part of mining operations and hence taxable only from 01.06.2007. No service tax is leviable on such activities prior to the said date.

HC Criticizes Appellate Authority for Overlooking Petitioner’s Documentation

July 27, 2024 555 Views 0 comment Print

Explore the Calcutta High Court ruling in Shiva Chemicals & Anr. Vs Assistant Commissioner of Revenue, focusing on Input Tax Credit (ITC) disputes.

Notice issued making addition u/s. 68 whereas order confirmed addition u/s 69A untenable: Calcutta HC

July 25, 2024 687 Views 0 comment Print

Calcutta High Court held that petitioner not put to notice in respect of addition made under section 69A of the Income Tax Act as notice was issued making addition u/s. 68. Accordingly, the same is violative of principles of natural justice.

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