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Calcutta High Court

Service Tax Paid Under RCM Post-GST Not Barred by Unjust Enrichment: Calcutta HC

July 24, 2025 597 Views 0 comment Print

Calcutta High Court overturns CESTAT’s remand order, directing a refund to Ipsen Technologies. A typographical omission by the Tribunal led to an unnecessary ‘unjust enrichment’ inquiry.

Illness/Disability & Non-Response to Notices: GST Matter Remanded

July 24, 2025 369 Views 0 comment Print

Calcutta High Court sets aside GST appeal dismissal for Sanjit Acharya, citing physical disability. Case remanded for fresh hearing on ITC issues.

Bail Under PMLA Section 45 Not Needed If No Arrest Made: Calcutta HC

July 24, 2025 273 Views 0 comment Print

Calcutta High Court orders release of Dr. Kalyanmoy Ganguly in PMLA case, citing Supreme Court precedents on non-arrested accused.

Calcutta HC Directs Provisional Release in GST Case

July 23, 2025 540 Views 0 comment Print

Calcutta High Court orders provisional release of detained goods in Surojit Das Vs Deputy Commissioner of State Tax, requiring 200% penalty payment pending final writ petition judgment.

GST Section 129(1)(a) Allows Detention if Supplier Disclaims Invoice

July 23, 2025 825 Views 0 comment Print

Calcutta High Court directs taxpayer to appeal GST goods detention order, allowing confrontation of disclaiming consignor and opportunity to prove ownership.

Rejection of GST Appeal for Manual Filing Despite Demerger, Technical Issues Invalid

July 23, 2025 597 Views 0 comment Print

Calcutta High Court remands Ultratech Cement’s GST appeal, dismissed due to manual filing, citing technical issues post-demerger. Court directs fresh adjudication and proper online uploads.

Calcutta HC directs to adopt assessee’s classification as department took seven years to commence de novo adjudication

July 23, 2025 282 Views 0 comment Print

Calcutta High Court directed department to accept the classification adopted by appellant since de novo adjudication didn’t commenced within time permitted by High Court but commenced after seven years.

Secured Creditor Under SARFAESI Act Has Priority Over CGST Dues: Calcutta HC

July 22, 2025 1053 Views 0 comment Print

The Calcutta High Court ruled that a secured creditor under the SARFAESI Act holds priority over CGST dues, citing Section 26E of the SARFAESI Act and Supreme Court precedents.

Internal CUP Most Appropriate for ALP in Captive Power Plant Transaction: Calcutta HC

July 22, 2025 561 Views 0 comment Print

Calcutta High Court held that internal Comparable Uncontrolled Price [CUP] is most appropriate method in determining Arm’s Length Price [ALP] for sale of power by Captive Power Plant to non-eligible units of the assessee. Accordingly, appeal of revenue dismissed.

Fixed AC Charges Form Part of Rent; Premises Tenancy Act Not Applicable: Calcutta HC

July 22, 2025 735 Views 0 comment Print

Calcutta High Court held that fixed monthly AC charges is an essential component of “rent” thus rent goes beyond the ceiling limit and thus is excluded from the purview of the West Bengal Premises Tenancy Act, 1997. Hence, appellant is entitled to a decree of eviction.

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