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Calcutta High Court

Section 148A(d) order invalid if approval was taken from wrong authority

May 16, 2023 4122 Views 0 comment Print

Kiran Agarwal challenges an order under Section 148A(d) of the Income Tax Act, citing jurisdictional issues. Calcutta High Court quashes the order due to non-compliance with approval formalities.

WBVAT: Order against Resigned Director – HC directs Magistrate to pass speaking order

May 13, 2023 429 Views 0 comment Print

Sushil Kumar Gupta & Ors. Vs State of West Bengal & Anr. (Calcutta High Court) Learned advocate for the petitioners submits before this Court that the present petitioner No.-3 has resigned from the company as a Director in the year 1994 and the other petitioners have no connection in the alleged occurrence of offence, however […]

GST: Adverse order cannot be passed without providing opportunity of hearing even if not asked

May 13, 2023 1371 Views 0 comment Print

HC held that even without any request for personal hearing by an assessee, officer must have to provide personal opportunity of hearing, if the order is contemplated to be adverse.

HC quashed reassessment order as approval was not from specified authority

May 10, 2023 1557 Views 0 comment Print

PCIT from whom approval has been taken is not specified authority for approval under Section 148 and Section 148A of Income Tax Act, 1961.

HC directs restoration of appeal on deposit of pre-deposit amount under Section 35F of Central Excise Tax, 1944

May 10, 2023 894 Views 0 comment Print

Active Ads Vs State of West Bengal & Ors. (Calcutta High Court) HC find that this matter does not warrant to be heard on affidavits. The appeal was dismissed only on the ground of failure of the petitioner to make the pre-deposit. Taking a lenient view as to the default as the same will non-suit […]

Road Tax exemption on tractors/trailors confined only within tea garden area

May 10, 2023 819 Views 0 comment Print

HC allows petitioner to demonstrate that tractors/trailors against which exemption of motor vehicles tax are claimed are not used or do not ply in public road but are confined only within the tea garden area.

Government cannot usurp taxpayer money for clerical mistake in GST Invoice

May 8, 2023 28068 Views 0 comment Print

Only for clerical mistake of GSTIN in invoice Government cannot usurp money of a taxpayer & make him run to pillar to post for refund of same.

Proceeding by two GST authorities on same issue – HC allowed time barred Appeal

May 6, 2023 1311 Views 0 comment Print

SSB Petro Products Vs Assistant Commissioner (Calcutta High Court) This intra-Court appeal is directed against the order dated 16.01.2023 passed in WPA 29 of 2023. The appellants had challenged the order passed by the Senior Joint Commissioner, State Tax, Howrah Circle dated 21.11.2022 rejecting the appeal filed by the appellant as time barred. On a […]

HC admits writ petition due to non availability of GSTAT

May 5, 2023 591 Views 0 comment Print

In view of non-availability of GST appellate forum against impugned order of appellate authority, writ petition is entertained by HC

Any person registered or desirous of obtaining GST registration can seek Advance Ruling

May 4, 2023 1125 Views 0 comment Print

Calcutta High Court decision on Anmol Industries vs WB AAR case. Challenge to AAR rejection of GST exemption ruling application. Appellate authority option discussed.

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