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Calcutta High Court

GST: Sanjoy Mallick vs UOI- Jurisdictional issue GST: Calcutta HC Grants Interim Stay

December 20, 2024 816 Views 0 comment Print

Calcutta High Court grants interim stay on tax demand under Section 73 of CGST Act, citing jurisdictional issues and precedents. Next hearing scheduled for Jan 2025.

HC couldn’t indulge in factual examination of dispute u/s 68 as it was beyond scope of appeal u/s 260A

December 19, 2024 381 Views 0 comment Print

ITAT order was based on the fact that assessee had discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions.

Notification dated 27 June 2022 issued by West Bengal Government quashed: Calcutta HC

December 18, 2024 591 Views 0 comment Print

Calcutta High Court held that notification dated 27 June 2022 issued by the Government of West Bengal is excessive, manifestly arbitrary and contravenes the provisions of the Constitution and the Rule of Law and also contrary to the Industrial Disputes Act 1947.

Calcutta High Court Modifies Pre-Deposit in GST Appeal

December 18, 2024 924 Views 0 comment Print

Calcutta High Court modifies GST pre-deposit order, setting it at 10% of disputed tax. Attachment order revoked upon compliance. Appeal resolution outlined.

Bail granted due to prolonged incarceration before being pronounced guilty of an offence

December 17, 2024 786 Views 0 comment Print

Calcutta High Court allowed the bail application on the fact that petitioner has been in prolonged incarceration before being pronounced guilty of an offence. Court also relied on the principle that bail is rule and jail is exception.

No need to reverse IGST Credit used for payment of CGST & SGST: Calcutta HC

December 13, 2024 15465 Views 0 comment Print

Calcutta High Court invalidates assessment order in Cosyn Limited case, directing a refund of the 10% pre-deposit made under interim relief.

Section 107 of GST Act Does Not Exclude Applicability of Section 5 of Limitation Act, 1963

December 13, 2024 1230 Views 0 comment Print

Calcutta HC quashes appellate dismissal in GST case due to procedural lapses and directs reconsideration of delay condonation on merits.

Calcutta HC Sets Aside Assessment Order for Notice Sent to Unregistered Email, Violating Natural Justice

December 13, 2024 1263 Views 0 comment Print

Calcutta High Court quashes assessment order due to procedural lapses and improper service of notices, emphasizing compliance with Section 282 of the Income Tax Act.

Failure to Provide Hearing Renders GST Order Legally Untenable – Section 75(4)

December 13, 2024 579 Views 0 comment Print

Calcutta High Court sets aside GST order due to lack of hearing, violating Section 75(4) of CGST/WBGST Act. Matter remanded for fresh adjudication within 16 weeks.

HC quashes GST order for not providing mandatory Section 75(4) Personal Hearing

December 10, 2024 1566 Views 0 comment Print

Calcutta High Court quashes GST order for denying personal hearing, reaffirming mandatory compliance with Section 75(4) of the GST Act in adjudications.

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