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Calcutta High Court

No Satisfaction Recorded, Section 153C Cannot Be Invoked: Calcutta HC

November 27, 2025 420 Views 0 comment Print

High Court dismissed writ petition, confirming that reassessment under Section 147 is valid when no incriminating material is found, and Section 153C is inapplicable.

Service Tax on Rent: Co-Owners Not One Entity for Threshold Calculation

November 27, 2025 474 Views 0 comment Print

The Calcutta High Court remanded the matter for adjudicating authority to compute service tax on consolidated rental income exceeding threshold limits. Co-owners are not treated as a single entity merely due to a joint account arrangement.

GST refund rejection cannot be challenged via writ if statutory remedy exists: Calcutta HC

November 27, 2025 537 Views 0 comment Print

The court ruled that the petitioner cannot challenge a GST refund rejection via writ, as a statutory appeal exists. The order upheld the authority’s jurisdiction in processing refunds.

GST Appeal Restored Because SCN Uploaded Under Wrong Tab

November 27, 2025 687 Views 0 comment Print

The Court held that uploading the show-cause notice only under the additional tab did not constitute valid service. The order and appeal rejection were set aside, and the petitioner was granted a fresh opportunity to reply.

Writ Appeal Rejected Because Effective Appellate Remedy Available Under GST Law

November 26, 2025 360 Views 0 comment Print

The Court held that disputed factual issues must be examined through the statutory appellate mechanism and dismissed the writ appeal, directing the appellant to pursue the remedy under the GST Act.

Income Tax Refund Cannot Be Withheld Without Valid Tax Demand: Calcutta HC

November 25, 2025 1359 Views 0 comment Print

Calcutta High Court rules that the Income Tax Department cannot retain a refund under Section 245 without an outstanding tax liability, ordering release of Rs.22,73,833/- with interest.

Mere Absence of Directors at AO Summons Does Not Invalidate Share Premium: Calcutta HC

November 25, 2025 435 Views 0 comment Print

The Calcutta High Court dismissed the revenue’s appeal against the ITAT, holding that the assessee properly identified shareholders and explained the share premium, making Section 68 inapplicable. The ruling confirms that proper documentation can prevent share capital additions.

Bail application in huge economic offence rejected due to pendency of 444 cases

November 25, 2025 633 Views 0 comment Print

Calcutta High Court held that the bail application of the petitioner involved in economic offence of more than Rs. 6200 crores rejected since there are 444 cases pending against the petitioner and also there are chances of tampering with evidence and influencing witnesses.

GST Pre-Deposit Applies Only to Disputed Tax, Delay Due to Illness Accepted: Calcutta HC

November 21, 2025 621 Views 0 comment Print

Court condoned a 27-day delay in filing an appeal and held that pre-deposit must be computed only on disputed tax. The matter was remanded for fresh calculation and reconsideration.

Employees on deputation can be repatriated at any time by competent authorities: Calcutta HC

November 21, 2025 2292 Views 0 comment Print

The Calcutta High Court dismissed the writ petition, confirming the petitioner’s repatriation under DOPT OM 17-06-2010. The CAT’s findings on unsuitability and compliance with notice requirements were upheld.

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