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Calcutta High Court

Increased service tax rate under composition not affect pending contracts

December 21, 2022 813 Views 0 comment Print

Calcutta High Court held that the rates of tax as increased would be prospective and shall not affect the pending contracts and therefore would be entitled to the compounded rate of tax at 2% for the relevant period.

Disability certificate issued by hospital cannot be doubted in absence of any rebuttable evidence

December 13, 2022 8421 Views 0 comment Print

Calcutta High Court held that disability certificate shows the disability was assessed by the doctor of the Board of Contai S.D. Hospital and their expertise and experience cannot be doubted in absence of any rebuttable evidence on record. Award granted by Ld. Tribunal justified.

Non-speaking order under GST is not valid: Calcutta HC

December 11, 2022 4866 Views 0 comment Print

Calcutta High Court in the case of Maxxcab Wires & Cables Pvt Ltd & Anr vs State Tax Officer held that the Non-speaking Order under Goods and Services Tax is not valid.

AO needs to apply net profit rate as ordered by Tribunal

December 5, 2022 1155 Views 0 comment Print

Calcutta High Court directed the assessing officer to apply the net profit rate as ordered by the Tribunal to the entire receipts i.e. disclosed and undisclosed.

Advocate of accused cannot be permitted to be present in course of his entire interrogation under PMLA

December 1, 2022 4314 Views 0 comment Print

Enforcement Directorate Vs Arijit Chakrabarti (Calcutta High Court) Section 41D of the Code of Criminal Procedure was inserted in the statute by Amending Act 5 of 2009 with effect from 1st November, 2010. The purpose and object of introduction of Section 41D of the Cr. P. C. is to ensure fundamental right of a citizen […]

Purchasing dealer entitled to claim refund of excess CST paid

November 29, 2022 1836 Views 0 comment Print

Calcutta High Court held that purchasing dealer is entitled for concessional rate of tax as they have fulfilled the conditions in Section 8 of the Central Sales Tax Act, 1956 and the Form “C” declarations having been verified and found to be in order by the concerned authority of the State of West Bengal. Thus, purchasing dealer are entitled to claim a refund of tax directly from the State of West Bengal and they are not required to make the claim through the selling dealer, IOCL.

Parameters on cessation of liability to be taxed u/s 41(1) of Income Tax Act

November 26, 2022 5958 Views 0 comment Print

What are the parameters to consider the cessation of liability to be taxed u/s 41(1) of Income-tax Act,1961 and relation with limitation Act 1963?

Rejection of GST refund towards E-rickshaw – HC remand matter back to AO

November 25, 2022 2274 Views 0 comment Print

R3 Enterprises and Anr Vs Deputy Commissioner of State Tax (Calcutta High Court) This application has been filed in connection with the main writ petition drawing attention of the court about a Circular dated 3rd August, 2022 being No. 179/11/2022-GST issued by the Government of India, Ministry of Finance and relying on such Circular petitioners […]

Rejection of GST registration revocation application without considering fact is unsustainable

November 24, 2022 1479 Views 0 comment Print

Calcutta High Court held that rejection of an application for revocation of registration without considering the vital facts is a non-speaking order liable to be set aside.

Any person aggrieved by decision can file an appeal under Section 107 of CGST Act, 2017

November 14, 2022 2055 Views 0 comment Print

Section 107 of CGST Act, 2017 makes it clear that any person aggrieved by any decision or order passed under Act may appeal to appellate authority within time limit prescribed in Statute.

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