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Calcutta High Court

Calcutta HC Directs Provisional Release in GST Case

July 23, 2025 588 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 888 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 642 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 291 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 1218 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 720 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 777 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.

Section 271(1)(c) Penalty Invalid Without Specific Grounds in SCN: Calcutta HC

July 22, 2025 705 Views 0 comment Print

Calcutta High Court hears appeal on the validity of tax penalties under Section 271(1)(c), specifically if show-cause notices lacking specific grounds are invalid. The case involves the Thakur Prasad Sao Group.

Service tax not leviable on supply of computers with transfer of right to use: Calcutta HC

July 21, 2025 408 Views 0 comment Print

Calcutta High Court held that supply of computers and its hardware like servers, printers, computer peripherals, etc. with transfer of right to use doesn’t come within the purview of ‘supply of tangible goods’ for use as per provision of section 65(105)(zzzzj) of the Finance Act.

GST Registration Cancellation for No Business: Calcutta HC directs Appeal

July 21, 2025 825 Views 0 comment Print

Calcutta High Court urges businessman to appeal GST registration cancellation, citing factual disputes. Court suggests appellate authority conduct further inspection.

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