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Calcutta High Court

Section 129 of CGST Act cannot be invoked when no intention to evade tax

March 18, 2024 1725 Views 0 comment Print

Analysis of Tiwari Furniture Vs State of West Bengal: Court allows writ petition against detention under 129 GST due to tax already paid & Rule 138A compliance.

Sapling is not tea hence not chargeable to tax under Bengal Agricultural Income Tax Act: Calcutta HC

March 18, 2024 324 Views 0 comment Print

In a landmark ruling, the Calcutta High Court exempts tea saplings from Bengal Agricultural Income Tax Act. Learn the detailed analysis of Gouranga Parbati Tea Co. Pvt. Ltd. Vs. Agricultural Income Tax Officer & Ors.

Supplementary show cause notice valid even before insertion of second proviso to section 124 of Customs Act

March 15, 2024 783 Views 0 comment Print

Calcutta High Court held that power to issue supplementary show cause notice, prior to insertion of second proviso to section 124 of the Customs Act, 1962, was implicit and inbuilt in section 124 of the Act. Thus, supplementary notice issued prior to 29.03.2018 i.e. insertion of second proviso is duly valid in law.

No interest on ITC wrongly claimed but not utilised & reversed subsequently

March 14, 2024 4839 Views 0 comment Print

Dive into the case of Larsen & Toubro Ltd. Vs State of West Bengal, where the Calcutta High Court resolves an interest dispute under the WBGST Act, 2017.

GST Refund Appeal: HC allowed condonation of delay of 7 months

March 12, 2024 2745 Views 0 comment Print

Read the detailed analysis of the High Court’s decision in Prem Chand Vs Assistant Commissioner of CGST And Central Excise, allowing condonation of delay in refund claim appeal and directing fresh consideration.

Holiday Decorations Exempted from TQC Order: Calcutta High Court

March 10, 2024 429 Views 0 comment Print

In the Commissioner of Customs Port vs Ess Enn Impex case at Calcutta High Court, learn how certain holiday decorations are exempt from the TQC Order.

Jurisdiction Debate in Arbitration: Cholamandalam vs Uma Earth Movers

March 9, 2024 486 Views 0 comment Print

Delve into the jurisdictional complexities of Cholamandalam Investment and Finance Company Ltd. vs. Uma Earth Movers case as Calcutta High Court adjudicates concurrent jurisdiction and arbitration clauses.

Calcutta HC Directs Assessee to Apply for Refund of Alleged Forced GST Recovery

March 9, 2024 489 Views 0 comment Print

In Usha Jaiswal Vs Senior Intelligence Officer, Calcutta HC directs the petitioner to apply for GST refund within 10 days. Details here.

No interest on wrong ITC availed & reversed but not utilized

March 9, 2024 17046 Views 1 comment Print

Calcutta High Court rules no interest on wrongfully availed but unutilized ITC, aligning with GST Circular No. 192/04/2023 and prior judgments.

GST Authorities Obligated to Consider Extension & Personal Hearing Requests

March 8, 2024 1521 Views 0 comment Print

Discover how the Calcutta High Court’s ruling emphasizes the GST authorities’ duty to consider hearing extension and adjournment applications.

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