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Calcutta High Court

Input Tax Credit condition prescribed u/s. 16(4) of CGST Act is constitutionally valid

December 18, 2023 48024 Views 0 comment Print

Calcutta High Court held that registered person is entitled to Input Tax Credit only if conditions prescribed u/s. 16(2) of the Central Goods and Services Tax Act, 2017 are fulfilled. It includes time limit imposed via section 16(4). Accordingly, held that section 16(4) is not violative of Article 300A of the Constitution of India.

Calcutta High Court Upholds Validity of GST Notices Served Online

December 14, 2023 1380 Views 0 comment Print

The Calcutta High Court rules on the validity of GST notices served online, addressing issues of verification, authentication, and compliance with natural justice.

Roots of contract cannot be challenged merely due to change of taxation

December 4, 2023 930 Views 0 comment Print

Calcutta High Court held that all commercial contracts includes an element of calculated business risk, thus, merely due to change of taxation statues, the root of the contracts cannot be challenged.

Penalty under GST Not Automatic, Requires Evaluation: Calcutta High Court

December 1, 2023 3297 Views 0 comment Print

Explore the detailed analysis of the Calcutta High Court’s landmark decision on GST penalties. Learn why automatic penalties under Section 129 are not upheld.

Section 148A(d) order passed by violation of principles of natural justice: HC directs Fresh order

December 1, 2023 5853 Views 0 comment Print

Calcutta High Court directs a fresh order on Income Tax Officer’s violation of natural justice in Section 148A(d) case. Details of the judgment here.

Limitations on Customs Officers: Lack of Authority to Declare Property Titles

November 30, 2023 486 Views 0 comment Print

It’s pivotal to note that the Customs Officers are not clothed with authority and power to decide on and declare the title of the properties of any kind. This point becomes a crucial aspect of the Defense’s argument, questioning the competence of the authorities making assertions on ownership.

Even in ex parte cases, reasons must be recorded for reopening of assessments: HC

November 25, 2023 879 Views 0 comment Print

Calcutta HC sets aside Section 148A(b) order for assessment year 2018-2019, citing lack of recorded reasons; directs fresh proceedings.

Approval Not Required for Section 148A(b) Notice – Calcutta HC

November 25, 2023 1380 Views 0 comment Print

n Suraj Singh vs ITO, Calcutta HC rules notice under Section 148A(b) doesn’t need approval under Section 151, providing insights on the decision.

Reopening Without Tangible Evidence of Income Escapement is bad in law: HC

November 25, 2023 816 Views 0 comment Print

Explore the Calcutta High Court’s ruling against reopening assessments without tangible evidence of income escapement. Understand the legal implications.

Rejection of Objection to 148A Notice not amounts to Final Re-assessment & Demand: HC

November 20, 2023 1296 Views 0 comment Print

Calcutta High Court judgment on Girdhar Gopal Dalmia vs. Union of India, clarifying that objection rejection doesn’t conclude reassessment or demand. Full analysis included.

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