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Calcutta High Court

GST: E-way bill expiry- No penalty in absence of evidence questioning appellant’s bona fides

May 4, 2023 1299 Views 0 comment Print

Progressive Metals Pvt. Limited Vs Deputy Commissioner (Calcutta High Court) It is not in dispute that the vehicle along with the goods entered the Durgapur industrial belt within the validity of the e-way bill. The vehicle was intercepted on 9th May, 2022 at 9:35 AM at Durgapur and the vehicle was detained along with the […]

GST: Division Bench of Calcutta High Court Set aside the Adjudication order on facts

May 2, 2023 2346 Views 0 comment Print

Calcutta HC set aside the adjudication order on the facts and Circumstances subject to payment of further Rs. 1.00 lakh and lifted the bank attachment.

CWC entitled to demand and collect rent for goods entrusted to its custody

April 28, 2023 723 Views 0 comment Print

Calcutta High Court held that warehousing agency namely CWC (Central Warehousing Corporation) is statutorily entitled to demand and collect rent for the storage on the date when goods were entrusted to the custody of CWC.

Department bound by clarification issued by Apex Court in case of LG Electronics

April 28, 2023 1263 Views 0 comment Print

Manish Lakhotia Vs Income Tax Officer (Calcutta High Court) The petitioner is aggrieved by the order dated 7th February, 2023 passed by the Assessing Officer directing the petitioner to pay 20% of the tax demand and then file stay petition for granting stay on tax demand. The petitioner submits that the petitioner filed an application […]

Division Bench of Calcutta HC restored the Appeal though there was delay considering the facts

April 28, 2023 1143 Views 0 comment Print

SSB Petro Products & Ors Vs Assistant Commissioner (Calcutta High Court) Hon’ble Division Bench of Calcutta High Court on 21.04.2023 passed the order and restored the appeal considering the facts and circumstances of the case. The Respondent no.1 issued notice in DRC-01A through email and the petitioner submitted reply through email and thereafter 1st Respondent […]

Calcutta HC order on inordinate delay to approach writ court

April 28, 2023 1071 Views 0 comment Print

The Calcutta high court in this case was dealing with challenge to declaration of the petitioner herein as a wilful defaulter vide order passed in October,2018 when the counsel for the bank challenged maintainability on the ground of delay. The bank argued that the immediate cause of the writ was the lookout circular which was issued against the petitioner whereupon the petitioner was not allowed to travel abroad.

Order not erroneous if AO followed decision of High Court holding the field

April 28, 2023 1017 Views 0 comment Print

PCIT Vs SPPL Property Management Pvt. Ltd. (Calcutta High Court) Tribunal concluded that on both these issues, namely with regard to the provisions for doubtful debts and air-conditioner expenses, the assessing officer had conducted a detailed enquiry and thereafter completed the assessment. Secondly, it was held that the PCIT had erred in invoking the revisional […]

Prior period expenditure can be claimed in the year in which liability crystallises

April 27, 2023 9324 Views 0 comment Print

PCIT Vs Balmer Lawrie and Company Limited (Calcutta High Court) The tribunal after taking note of the factual position noted that the CIT(A) has taken specific note of the fact that the expenses claimed by the assessee as prior period, the liability to pay had crystallized during the relevant previous year and therefore the claim […]

HC quashes section 148 notice issued to Amalgamated Company

April 22, 2023 1146 Views 0 comment Print

Section 148 notice issued on non-existing company in spite of revenue having notice and knowledge of non-existence of such Company is quashed

Demise of husband cannot not take away right of Proprietor (Wife) to Continue Agency

April 21, 2023 1038 Views 0 comment Print

Das Enterprise Vs The State of West Bengal (Calcutta High court) a) M/s. Buddhadeb Paul is a proprietorship business. The name of the proprietor is Rakhi Paul. Trade licence and registration have been given in the name of the agency Buddhadeb Paul indicating Rakhi Paul as the proprietor. The GST registration certificate also indicates that […]

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