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Calcutta High Court

Charge Sheet Not a Final Order; Calcutta HC Declines to Quash, Allows GST Departmental Enquiry to Proceed

December 18, 2025 597 Views 0 comment Print

Court held that a charge sheet does not infringe rights and cannot be challenged at threshold unless limited exceptional grounds exist. Ruling emphasizes that employees must raise objections during departmental inquiry.

Victim’s Filed ITR Binding for Income Assessment in Accident Claims: Calcutta HC

December 18, 2025 771 Views 0 comment Print

Calcutta High Court held that income tax returns filed during victim’s lifetime must be relied upon for assessing income. Compensation was enhanced after rejecting an arbitrary income assessment by Tribunal.

Calcutta HC Quashed GST Adjudication as Notices Uploaded in Wrong Portal Tab

December 17, 2025 741 Views 0 comment Print

The High Court quashed a GST adjudication order after finding that notices were uploaded only under the “Additional Notices” tab, denying proper service and hearing. The case reinforces procedural safeguards under GST law.

Mechanical Rejection of ITC Claim for Alleged Non-Existent Supplier Quashed by Calcutta HC

December 17, 2025 1416 Views 0 comment Print

The High Court quashed GST orders where ITC was denied without verifying whether the supplier paid tax and filed returns. The matter was remanded for fresh factual adjudication.

Calcutta HC Directs Advance Ruling Board to Expedite Joint Venture Tax Ruling Ahead of Revised ITR Deadline

December 16, 2025 537 Views 0 comment Print

The court directed the Board of Advance Rulings to expedite the disposal of a pending application under Section 245Q, ensuring timely filing of tax returns by the petitioner.

No TDS on Arbitral Award Without Statutory Authority; Refund Ordered – Calcutta HC

December 16, 2025 816 Views 0 comment Print

The court directed the refund of TDS erroneously deducted from an arbitral award, ruling that interest on the TDS is not payable. The Execution Petition was disposed of accordingly.

Calcutta HC Sets Aside GST Rectification Rejection for Denial of Personal Hearing

December 16, 2025 513 Views 0 comment Print

The case examined whether a GST authority can reject a rectification application without granting a hearing. The High Court set aside the rejection, holding that denial of hearing causing civil consequences violates principles of natural justice.

Calcutta HC Condones Late GST Appeal Filing Due to Advocate’s Death

December 16, 2025 675 Views 0 comment Print

The High Court set aside the appellate order rejecting the petitioner’s delayed GST appeal, recognizing the death of the engaged Advocate and family circumstances as sufficient grounds for delay.

Calcutta HC dismissed revenue’s appeal due to Low Tax Effect in Share Capital Addition Case

December 15, 2025 1578 Views 0 comment Print

The High Court dismissed the revenue’s appeal as the tax effect was below ₹2 crore, applying the CBDT monetary limit circular and leaving the Tribunal’s deletion of the Section 68 addition undisturbed.

Retrospective GST Registration Cancellation Alone Cannot Deny ITC: Calcutta HC

December 13, 2025 1455 Views 0 comment Print

The Calcutta High Court held that retrospective cancellation of a supplier’s GST registration alone cannot justify denial of Input Tax Credit, requiring a reasoned evaluation of submitted documents.

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