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Calcutta High Court

Reopening Based on Suspicious Transaction Report Invalid Without Corroboration: Calcutta HC

August 6, 2025 564 Views 0 comment Print

Calcutta High Court dismisses revenue appeal, upholding ITAT’s decision to quash reassessment against Gillanders Arbuthnot due to lack of new evidence.

Sham transactions through stock exchanges doesn’t make transactions genuine

August 5, 2025 345 Views 0 comment Print

Calcutta High Court held that merely because share transactions were done through stock exchanges it doesn’t make the transactions genuine. Accordingly, bogus capital loss claim rejected and appeal of revenue allowed.

Calcutta High Court Restricts Re-Audits by Central GST Authorities

August 5, 2025 15894 Views 0 comment Print

The Calcutta High Court has restricted Central GST authorities from re-auditing periods already covered by a prior audit, citing Section 65(7) of the GST Act.

Share capital/ premium added as unexplained cash credit as creditworthiness and genuineness of transaction not proved

August 5, 2025 432 Views 0 comment Print

Calcutta High Court held that addition towards share capital/ premium as unexplained cash credit u/s. 68 of the Income Tax Act justified since the assessee did not discharge the creditworthiness and the genuineness of the transactions. Accordingly, appeal of revenue allowed.

ITC Claim on Fake Invoices: Calcutta HC Dismisses Plea upholds Tax Demand

August 5, 2025 1002 Views 0 comment Print

The Calcutta High Court dismissed a writ petition by M/s ARS Metals, finding no jurisdictional error in the adjudication order that denied its ITC claims based on fake invoices.

Calcutta HC Dismisses Reassessment Order Challenge, Cites Alternative Remedy

August 5, 2025 915 Views 0 comment Print

Calcutta High Court rejects writ petition challenging a Section 148A(d) reassessment order, citing alternative remedy and upholding limitation period.

Calcutta HC Remands GST Appeal on Turnover Dispute in Ex Parte order Case

August 4, 2025 594 Views 0 comment Print

Calcutta High Court remands ex parte GST demand case, directing authorities to provide Hotel Rudra a fair hearing on turnover discrepancies.

GST Refund Rejection Invalid Due to Breach of 60-Day Limit Under Section 54(7): Calcutta HC

August 3, 2025 1707 Views 0 comment Print

The Calcutta High Court ruled that the 60-day statutory time limit for processing GST refund applications is mandatory. The court quashed a rejection order and ordered a full refund.

Arbitration order is non-jurisdictional as passed by Court exercising ordinary civil jurisdiction and not Commercial Court

August 2, 2025 702 Views 0 comment Print

Calcutta High Court held that application u/s. 34 of the Arbitration and Conciliation Act, 1996 decided by Court exercising ordinary original civil jurisdiction and not a Commercial Court inasmuch as the dispute between the parties is a commercial dispute is without jurisdiction.

Order taking cognizance of offences vitiated as no pre-cognizance opportunity of hearing granted

July 30, 2025 1056 Views 0 comment Print

Accordingly, the said order dated February 15, 2025 is hereby set aside. Consequentially, the subsequent proceedings taken in pursuance of the said orders are also quashed, in view of the genesis of such proceedings itself being a nullity in the eye of law.

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