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Calcutta High Court

Assessee allowed to file an appeal after delay of a negligible period

February 16, 2023 2466 Views 0 comment Print

HC allow assessee to file appeal where there is delay of a negligible period by extending stipulated time under Section 107 of CGST Act 2017

Granting opportunity of being heard mandatory before invoking power u/s 127 to transfer case

February 14, 2023 5235 Views 0 comment Print

Calcutta High Court held that order of transfer passed invoking power under section 127 of the Income Tax Act without opportunity of being heard is unsustainable in law.

Whether an order for transfer of a case from one city to another is administrative order?

February 12, 2023 1998 Views 0 comment Print

Kamal Nath Vs PCIT (Calcutta High Court) Whether an order for transfer of a case from one city to another is an administrative order or a quasi judicial order and also whether reasons are required to be recorded for passing such an order In this high voltage case related to Ex-Chief Minister of Madhya Pradesh […]

An incentive or benefit extended by Government should not be denied on technical ground

February 7, 2023 1656 Views 0 comment Print

The Government of West Bengal notified West Bengal Industrial Promotion Assistance to Industrial Enterprises (scheme) with effect from 01.01.2010 with the object to encourage manufacturing goods in West Bengal and to take care of the financial needs for expansion of their capacity, modernization and improving their marketing capabilities.

41 Minute delay in delivery- E-Way bill expired – Tax penalty imposed –  HC Set-aside

February 3, 2023 2718 Views 0 comment Print

Karan Singh Vs State of West Bengal & Ors. (Calcutta High Court) In the instant case, the consignment (GSV) transported from Pune, Maharashtra to Malli Bazar, Darjeeling. There was delay of only 41 minutes in delivering the consignment. The petitioner has made out a ground that the destination, Malli Bazar in Darjeeling is situated at […]

Department not filed Affidavits-in-opposition: HC stays section 148A(d) order

January 29, 2023 720 Views 0 comment Print

VRV Trading Co Private Limited. Vs Union of India & Ors (Calcutta High Court) 1. These intra-Court appeals have been filed by the writ petitioners against the order dated 22nd November, 2022 in W.P.A. No.23437 of 2022/ W.P.A. No.23438 of 2022 in and by which the learned Single Bench had declined to grant any interim […]

Writ jurisdiction should not substitute findings of an AO with its own: HC

January 29, 2023 954 Views 0 comment Print

HC held that Writ Court should not in exercise of its writ jurisdiction should substitute the findings of an assessing officer in his order with its own.

ITC cannot be denied without granting opportunity to show genuineness of transactions

January 28, 2023 4191 Views 0 comment Print

HC held that Opportunity of hearing to be granted before denying ITC if sufficient documents available to show genuineness of transactions

GST registration cannot be cancelled without Application of mind by department

January 28, 2023 1851 Views 0 comment Print

There should be application of mind by Revenue Department while passing orders, cancelling GST Registration be it physical or auto-generated.

HC directs GST dept to lift garnishee order & bank attachment as appellant paid mandatory pre-deposit

January 28, 2023 1398 Views 0 comment Print

Kajal Dutta Vs Assistant Commissioner of State Tax (Calcutta High Court) The learned Advocate appearing for the appellant submitted that garnishee proceedings have been initiated by the authorities by way of attachment of the appellant’s bank When the appeal was presented, the mandatory pre-deposit of 10% of the disputed tax has been complied with by […]

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