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Calcutta High Court

Moratorium under IBC would override provisions of FEMA: Calcutta HC

April 29, 2025 939 Views 0 comment Print

Anup Kumar Singh Vs Union of India & others (Calcutta High Court) Calcutta High Court held that issuance of provisional seizure order under Foreign Exchange Management Act, 1999 [FEMA] is in complete disregard of the moratorium prescribed by section 33(5) of Insolvency and Bankruptcy Code [IBC] since the provisions of the IBC would override the […]

GST Appellate Authority Must Consider Condonation of Delay Beyond One-Month

April 27, 2025 1875 Views 0 comment Print

Calcutta High Court restores GST appeal in Phonex Traders case, condoning delay due to valid reasons and directing fresh hearing within 12 weeks.

Provisional attachment under CGST Section 83 ceases to operate after one year

April 25, 2025 1332 Views 0 comment Print

Calcutta HC rules on the expiry of a provisional attachment order under WBGST/CGST Act in the case of JL Enterprises. Details court observations.

GST Authorities Lacked Jurisdiction Over TRAN-1 Transitional Credit Claims

April 25, 2025 1899 Views 0 comment Print

Calcutta High Court rules on the jurisdiction of GST authorities to issue show-cause notices regarding transitional credit claims under TRAN-1, following the Usha Martin Ltd. precedent.

Calcutta HC granted liberty to respond to notice issued u/s. 148

April 24, 2025 852 Views 0 comment Print

Calcutta High Court held that liberty is granted to the petitioner to respond to notice issued under section 148 of the Income Tax Act as the respondents are on the verge of bringing the assessment proceedings to a conclusion.

Seizure of jewellery valid as legitimacy of jewellery not substantiated

April 19, 2025 1314 Views 0 comment Print

Calcutta High Court held that seizure of jewellery is valid since legitimacy of jewellery not substantiated; discrepancies are found in documentation and weight and there was reasonable belief of potential wrongdoing.

GST Bail Granted in 11 Days Amid Allegations of ₹37 Crore ITC Fraud via Fake Invoices

April 17, 2025 10236 Views 0 comment Print

Calcutta High Court hears bail plea of Santosh Kumar Sah over GST ITC allegations. Questions raised on arrest procedure and lack of incriminating evidence.

Calcutta HC Directs Restoration of GST Registration with 45-Day Payment Window

April 16, 2025 780 Views 0 comment Print

Calcutta High Court allows reopening of GST portal for Shri Ashis Roychowdhury after setting aside registration revocation due to non-filing of returns.

Stay Granted in GST Case Due to Non-Constitution of Appellate Tribunal

April 16, 2025 1251 Views 0 comment Print

Calcutta HC grants stay on GST demand as Appellate Tribunal is not yet operational and per Circular 224/18/2024-GST recovery is restricted in such cases.

HC Upholds Tribunal’s Finding of Genuine Transactions in Section 263 Proceedings

April 15, 2025 921 Views 0 comment Print

Calcutta High Court addresses ITAT’s role in Sec 263 orders for fresh assessments and the eligibility for enhanced vehicle depreciation for own business use.

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