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Calcutta High Court

GST Limitation Provisions Should Be Liberally Interpreted for Genuine Hardships

January 6, 2025 621 Views 0 comment Print

Calcutta High Court quashes appeal rejection in Shruti Iron case, emphasizing liberal interpretation of limitation under CGST Act for genuine hardships.

Employer liable to pay damages for delay in transfer of EPF accumulations by Board of Trustees

January 5, 2025 540 Views 0 comment Print

The Calcutta High Court reviewed a writ petition from Paschim Banga Gramin Bank, challenging a Section 14B order under the Employees Provident Fund Act.

EPF Act Applicability Cannot Be Denied After Compliance: Calcutta HC

January 2, 2025 270 Views 0 comment Print

Calcutta HC dismisses appeal by North 24 Parganas Cooperative Bank, upholding EPF dues payment order, citing non-applicability of exclusions under EPF Act.

Alleged Arbitrary & illegal GST notifications: Calcutta HC stays recovery

January 2, 2025 432 Views 0 comment Print

Calcutta High Court grants interim relief to OSL Exclusive Pvt. Ltd., restraining recovery under CGST/WBGST Act. Final hearing scheduled for July 2024.

State Authorities Cannot Issue SCN if Central Proceedings Are Ongoing Under GST

January 1, 2025 4335 Views 0 comment Print

Calcutta HC quashes state GST SCN and order, citing overlap with central authorities’ prior action for the same tax period and subject matter under GST law.

Application to Settlement Commission before 01.02.2021 not hit by provision of section 245C(5)

January 1, 2025 111 Views 0 comment Print

Calcutta High Court held that provisions of sub-section (5) section 245C of Income Tax Act is effective only from 1st February 2021, hence, application before Settlement Commission prior to that date cannot be held as invalid.

No writ petition was allowable if assessee could avail GST Department’s effective adjudication of matter

December 31, 2024 414 Views 0 comment Print

It was held that writ courts did not interfere in cases where statutory remedies were available unless there was a clear violation of fundamental rights, lack of jurisdiction, or procedural perversity leading to manifest injustice.

Section 292B cannot cure defect of Scrutiny notice to a non-existent entity 

December 29, 2024 147 Views 0 comment Print

Court emphasized that issuing a notice to a non-existent entity constitutes a jurisdictional defect, which Section 292B cannot cure.

Rejection of candidature by IOC without any basis and beyond terms of brochure not justified

December 27, 2024 180 Views 0 comment Print

Calcutta High Court held that rejection of candidature not justified since rejection was without any basis and beyond the terms and conditions of brochure governing selection process initiated by IOC.

Detention u/s. 129(1) of GST Act affirmed due to deliberate misrepresentation

December 27, 2024 360 Views 1 comment Print

Calcutta High Court held that detention order under section 129(1) of the West Bengal Goods and Services Tax Act, 2017 affirmed due to mismatch, coupled with a substantial gap between the declared and verified valuation, indicated a deliberate misrepresentation.

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