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Calcutta High Court

Follow SOP in faceless assessment environment: Calcutta HC

March 21, 2023 3117 Views 0 comment Print

Standard Operating Procedure (SOP) under the Faceless Assessment framed under Section 144B of the Act had been issued by the National Faceless Assessment Centre, Delhi and communicated to all the Principal Chief Commissioners, Income Tax under the cover of a letter dated 3rd August, 2022.

Accident claim compensation to be calculated on gross salary after deducting professional tax

March 20, 2023 11034 Views 0 comment Print

Calcutta High Court held that in case of accident claim, compensation is to be calculated on gross salary after deducting the professional tax.

Writ dismissed as in spite of various opportunity, non-appearance stating COVID as reason is unwarrantable

March 16, 2023 693 Views 0 comment Print

Calcutta High Court held that as submitted by assessee non-filing of reply and not appearing for hearing in spite of several opportunity simply stating reason of COVID-pandemic not justifiable. Accordingly, writ petition dismissed.

Transportation of goods without a valid e-way bill mandatorily attracts penalty

March 15, 2023 2289 Views 0 comment Print

Calcutta High Court held that penalty under section 129 of the West Bengal Goods and Services Tax Act, 2017 duly imposed for transportation of goods without a valid e-way bill.

AO cannot invoke rule 8D(2)(ii) of Income Tax Rules without examining claim made by assessee

March 14, 2023 1479 Views 0 comment Print

Calcutta High Court held that invocation of provisions of rule 8D(2)(ii) of the Income Tax Rules by AO without examining the accounts of the assessee and without examining the claim made by the assessee is unjustified.

WB VAT: Writ petition dismissed holding that State action of not granting remission is not arbitrary

March 13, 2023 852 Views 0 comment Print

Calcutta High Court dismissed the writ petition holding that State action for not granting of remission of tax cannot be said to be arbitrary. Accordingly, held that writ petition is devoid of merit.

To invoke Section 67 of GST Act existence of ‘reasons to believe’ is mandatory

March 13, 2023 3093 Views 0 comment Print

For invoking Section 67 of the Act existence of reasons to believe to subject the premises to search and seize goods is mandated. Here, the authority is vacillating between Section 67 and 68; whether the goods are in transit or in the godown.

Penalty u/s 129 justified on transportation of goods without a valid e-way bill

March 11, 2023 4212 Views 0 comment Print

Abinash Kumar Singh Vs State of West Bengal & Ors. (Calcutta High Court) Calcutta High Court held that provisions of section 129 of the West Bengal Goods and Services Tax Act, 2017 opens with a non-obstante clause. Accordingly, imposition of penalty u/s 129 justifiable on transporting goods without a valid e-way bill. Facts- The petitioner […]

Motor Vehicle tax on tractors/trailers owned by tea gardens & not used on public roads  

March 11, 2023 969 Views 0 comment Print

Sankos Tea Garden Vs The State of West Bengal and Ors (Calcutta High Court) The petitioner is a subsidiary unit of Goodricke Group Limited and engaged in production and manufacture of tea. It is the case of the petitioner that they operate as many as 22 numbers of vehicles of different nature like tractors, leaf […]

GST on Transporting own Machinery from One place to other for Execution of Particular Work

March 11, 2023 19611 Views 0 comment Print

Where there is no sold or supply goods, goods can only be transported from one place to another with a delivery challans in lieu of tax invoice.

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