The Court held that reassessment is not barred by change of opinion where the original issue was dropped due to absence of evidence. Subsequent reopening based on new material was found legally sustainable.
The court refused to grant a mandatory stay on income tax demand where the taxpayer had earlier proposed paying dues in instalments. The ruling underscores that voluntary payment proposals can weaken claims for interim protection.
The Court condoned an extraordinary delay after finding that the appellant was genuinely pursuing settlement under a State-backed amnesty scheme. Procedural delay was held insufficient to defeat substantive rights.
The Court accepted that stereo systems installed in e-rickshaws qualify as inputs used in the course of business. Refund of unutilised ITC under the inverted duty structure was directed.
The Court held that recovery proceedings, including bank attachment, must be lifted once the statutory 10% disputed tax is deposited. The ruling clarifies that such deposit results in a deemed stay under GST law.
The issue was whether the Court could direct issuance of a tax clarification for an SEZ unit. The Court held that no such direction could be given while the core issue is pending before the Supreme Court.
The issue concerned dismissal of a GST appeal on limitation grounds. The Court allowed restoration of the appeal on merits, subject to payment of costs, considering the petitioner’s age and reliance on a consultant.
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.
