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Calcutta High Court

Calcutta HC Ordered Refund of GST Recovery Beyond Mandatory Pre-Deposit

January 15, 2026 651 Views 0 comment Print

The Court examined whether tax authorities could recover the full disputed tax despite pending appellate remedies. It held that recovery beyond the statutory pre-deposit limits under GST law was impermissible.

Reassessment Invalid Due to Proceedings Against Dead Assessee: Calcutta HC

January 14, 2026 420 Views 0 comment Print

The Court set aside a reassessment order passed in the name of a deceased assessee, holding that proceedings cannot continue after authorities are informed of death. Fresh proceedings may be initiated against legal representatives as per law.

GST Registration Cancellation Writ Not Entertained Due to Alternate Remedy Availability

January 14, 2026 438 Views 0 comment Print

The High Court declined to entertain a writ petition against cancellation of GST registration as an effective statutory remedy existed. The taxpayer was directed to seek revocation before the proper officer.

GST Appeal Delay Condoned Subject to Deposit of Cost with Legal Services Authority

January 14, 2026 909 Views 0 comment Print

The High Court examined whether a delayed GST appeal could be rejected outright. Balancing equities, it allowed the appeal to be heard on merits subject to payment of costs, setting aside the dismissal order.

Review Petition by Revenue dismissed against earlier Order Quashing GST Demand on Breach of Natural Justice

January 13, 2026 507 Views 0 comment Print

The High Court held that a review cannot be entertained without a clear error or new evidence. Re-arguing the case on merits was found impermissible.

Recovery Stayed in Challenge to GST Time-Limit Extension Notifications; Partial Deposit Ordered

January 12, 2026 435 Views 0 comment Print

The Court admitted the writ challenging GST orders where proceedings were initiated beyond the prescribed period. Recovery was stayed subject to a 10% deposit, highlighting limits on delayed adjudication.

Income Tax Refund Adjustment Barred When Tax Demand Stayed U/s. 220(6): Calcutta HC

January 12, 2026 9177 Views 0 comment Print

The High Court held that refunds cannot be adjusted against a demand already stayed by the Assessing Officer. It directed refund of amounts adjusted despite the assessee being treated as not in default.

Calcutta HC to hear Adjudication Under GST for Denial of Seized Material Copies

January 12, 2026 483 Views 0 comment Print

The court examined allegations that an order under Section 74 was passed without supplying seized documents or digital material. The matter was adjourned for the State to clarify whether such copies could be provided.

Calcutta HC Stayed GST Recovery as Interest Was Already Paid in Cash Ledger

January 12, 2026 501 Views 0 comment Print

The issue was whether further GST recovery could be initiated after interest had already been paid. The High Court granted interim protection, restraining recovery on finding a prima facie case based on prior payment.

GST Registration Cancellation Quashed for Lack of Reasons and Application of Mind

January 11, 2026 438 Views 0 comment Print

The High Court set aside a cancellation order that failed to address the taxpayer’s reply or record reasons. The ruling underscores that unreasoned orders cannot survive judicial scrutiny.

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