The court upheld waiver of interest on a confirmed excise duty demand, holding that revenue neutrality justified non-levy where no net loss to the exchequer occurred.
Calcutta High Court held that marking of company with ‘management dispute’ by ROC has nothing to do with transaction of the company with its banker. Hence, freezing of bank account based on the same is unlawful.
Calcutta High Court held that the mandate laid down under Section 19 of the PMLA has been complied with by the arresting officer in effecting arrest of the petitioner. Accordingly, arrest cannot be said to be vitiated for non-compliance of the same. Thus, writ petition is dismissed.
The issue concerned dismissal of a GST appeal solely on the ground of delay beyond the condonable period. The Court condoned the marginal delay and restored the appeal.
Calcutta High Court held that the present petition is liable to be dismissed on account of lack of jurisdiction in as much as the alleged infringements has occurred in Delhi and not in West Bengal. Accordingly, the writ is dismissed.
Calcutta High Court held that present writ petition filed by personal guarantor is not maintainable since the proceeding u/s. 95 of the IBC is pending before Adjudicating Authority and petition is filed without taking appropriate steps before appropriate forum.
The issue was whether an individual accused could be compelled to represent a corporate accused in a PMLA trial. The court held that only the company can appoint its representative and set aside the trial court’s order.
The High Court ruled that the appellate authority has power to condone delay under Section 107(4) of the GST Act. The key takeaway is that GST appeal timelines are not mandatory and require consideration on merits.
Calcutta High Court held that West Bengal Industrial Development Corporation’s [WBIDC] demand for transfer fee in relation to leasehold lands acquired via resolution process. Accordingly, the present appeal is dismissed.
The High Court permitted the Enforcement Directorate to attach and freeze assets after finding a prima facie case of money laundering. The ruling reinforces ED’s powers to secure properties to protect depositor interests.
