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Calcutta High Court

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

August 5, 2025 465 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 1047 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 1047 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 717 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 1833 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 825 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 1149 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.

Calcutta HC Interim Order: ITC Denial Amidst Supplier Insolvency

July 29, 2025 2442 Views 0 comment Print

Calcutta High Court issues interim order on ITC denial when suppliers are insolvent. It examines if tax authorities’ failure to claim in IBC proceedings affects ITC reversal.

No Proper Notice Service via Portal violates Natural Justice: GST Assessment Set Aside

July 29, 2025 1419 Views 0 comment Print

Calcutta High Court voids GST assessment and appeal dismissal for Ram Kumar Sinhal, citing violation of natural justice, improper notice communication via GST portal, and condonable delay.

Separate GST Proceedings Under Sec 73 & 74 Valid, Double Demand Quashed

July 29, 2025 9186 Views 0 comment Print

Calcutta High Court clarifies Section 73 & 74 GST notices are distinct. Quashes double demand on ITC, upholds RCM demand clarity in Sayan Biswas case.

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