Karan Singh Vs State of West Bengal & Ors. (Calcutta High Court) In the instant case, the consignment (GSV) transported from Pune, Maharashtra to Malli Bazar, Darjeeling. There was delay of only 41 minutes in delivering the consignment. The petitioner has made out a ground that the destination, Malli Bazar in Darjeeling is situated at […]
VRV Trading Co Private Limited. Vs Union of India & Ors (Calcutta High Court) 1. These intra-Court appeals have been filed by the writ petitioners against the order dated 22nd November, 2022 in W.P.A. No.23437 of 2022/ W.P.A. No.23438 of 2022 in and by which the learned Single Bench had declined to grant any interim […]
HC held that Writ Court should not in exercise of its writ jurisdiction should substitute the findings of an assessing officer in his order with its own.
HC held that Opportunity of hearing to be granted before denying ITC if sufficient documents available to show genuineness of transactions
There should be application of mind by Revenue Department while passing orders, cancelling GST Registration be it physical or auto-generated.
Kajal Dutta Vs Assistant Commissioner of State Tax (Calcutta High Court) The learned Advocate appearing for the appellant submitted that garnishee proceedings have been initiated by the authorities by way of attachment of the appellant’s bank When the appeal was presented, the mandatory pre-deposit of 10% of the disputed tax has been complied with by […]
Surojit Das Vs Assistant Commissioner of State Tax (Calcutta High Court) The learned Advocate for the appellant would submit that in terms of Section 129(1)9a) of WBGST /CGST Act, the appellant can seek for release of the goods without prejudice to the rights and contentions of either parties. In fact, the learned Single Bench in […]
Writ Jurisdiction under Article 226 of the Constitution of India Writ Court should not scrutinise an adjudicating authority’s decision itself, by acting as an appellate authority over such order of the authority and substitute the findings of an authority by reappreciating the evidence and material and more particularly the nature of a case like this.
Assessment year involved for reopening of assessment is assessment year 2016-2017 and appropriate authority for grant of approval in such case are authorities under Section 151(ii) of Income Tax Act, 1961.
Where authority while cancelling GST registration solely relied upon statement made by receptionist of building who could not recognise appellant’s photograph, proper course was followed, therefore, matter was to be remanded to original authority for conducting fresh enquiry
