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Calcutta High Court

EPF Act Applicability Cannot Be Denied After Compliance: Calcutta HC

January 2, 2025 960 Views 0 comment Print

Calcutta HC dismisses appeal by North 24 Parganas Cooperative Bank, upholding EPF dues payment order, citing non-applicability of exclusions under EPF Act.

Alleged Arbitrary & illegal GST notifications: Calcutta HC stays recovery

January 2, 2025 972 Views 0 comment Print

Calcutta High Court grants interim relief to OSL Exclusive Pvt. Ltd., restraining recovery under CGST/WBGST Act. Final hearing scheduled for July 2024.

State Authorities Cannot Issue SCN if Central Proceedings Are Ongoing Under GST

January 1, 2025 5034 Views 0 comment Print

Calcutta HC quashes state GST SCN and order, citing overlap with central authorities’ prior action for the same tax period and subject matter under GST law.

Application to Settlement Commission before 01.02.2021 not hit by provision of section 245C(5)

January 1, 2025 558 Views 0 comment Print

Calcutta High Court held that provisions of sub-section (5) section 245C of Income Tax Act is effective only from 1st February 2021, hence, application before Settlement Commission prior to that date cannot be held as invalid.

No writ petition was allowable if assessee could avail GST Department’s effective adjudication of matter

December 31, 2024 918 Views 0 comment Print

It was held that writ courts did not interfere in cases where statutory remedies were available unless there was a clear violation of fundamental rights, lack of jurisdiction, or procedural perversity leading to manifest injustice.

Section 292B cannot cure defect of Scrutiny notice to a non-existent entity 

December 29, 2024 993 Views 0 comment Print

Court emphasized that issuing a notice to a non-existent entity constitutes a jurisdictional defect, which Section 292B cannot cure.

Rejection of candidature by IOC without any basis and beyond terms of brochure not justified

December 27, 2024 672 Views 0 comment Print

Calcutta High Court held that rejection of candidature not justified since rejection was without any basis and beyond the terms and conditions of brochure governing selection process initiated by IOC.

Detention u/s. 129(1) of GST Act affirmed due to deliberate misrepresentation

December 27, 2024 1215 Views 1 comment Print

Calcutta High Court held that detention order under section 129(1) of the West Bengal Goods and Services Tax Act, 2017 affirmed due to mismatch, coupled with a substantial gap between the declared and verified valuation, indicated a deliberate misrepresentation.

Blocking of ITC credit is not directly related to actual recovery of taxes but to Ensures that Ineligible ITC Isn’t Utilized

December 23, 2024 1317 Views 0 comment Print

Calcutta High Court examines the blocking of IGST credit under Rule 86A in Basanta Kumar Shaw’s case due to alleged mismatch in tax records for 2018-2021.

Calcutta High Court Orders Reassessment of GST Registration cancellation

December 21, 2024 738 Views 0 comment Print

Calcutta High Court directs reassessment of Limton Metals’ GST registration after questioning the retrospective cancellation.

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