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Calcutta High Court

GST: HC upheld order imposing conditions on release of seized goods & vehicle

March 17, 2022 2325 Views 0 comment Print

State Tax Officer, Bureau of Investigation (North Bengal) Vs Surinder Kumar Kotnala & Ors. (Calcutta High Court) 1. This intra Court appeal is directed against the interim order dated 25th November, 2021 in W.P.A. No.16096 of 2021 filed by the respondent nos.1 and 2 herein. The respondent nos.1 and 2 had challenged an order passed […]

Calcutta HC stays GST demand on payment of 20% of Balance Disputed demand

March 17, 2022 3576 Views 0 comment Print

Deputy Commissioner Vs Nidhi Madhogaria (Calcutta High Court) In this matters the petitioner filed two writ petitions before the Hon’ble Single Judge of Calcutta High Court by challenging the impugned detention orders passed U/s. 129 by the WBGST authority. The petitioner came before Calcutta High Court after exhausting appellate forum. At the time of appeal […]

HC quashes section 148 Notice & directs AO to pass reasoned & speaking order

March 17, 2022 2112 Views 0 comment Print

HC directs Ao to pass a reasoned and speaking order after giving an opportunity of hearing to the petitioner or its authorised representative within eight weeks from the date of communication of this order and all further proceedings will depend upon the final out come of the order to be passed by the respondents on the aforesaid representation.

HC direct CIT(A) to pass speaking order while rejecting petition for stay of demand

March 17, 2022 1485 Views 0 comment Print

Majumder Global IP Vs Union of India (Calcutta High Court) Facts involved in the instant case in brief is that the petitioner being aggrieved by the assessment order in question filed the statutory appeal before the Commissioner of Income Tax (Appeals) sometimes in the month of October 25, 2021 and petitioner makes an innocuous prayer […]

HC suspends order cancelling GST registration based on Vague reasons

March 13, 2022 2625 Views 0 comment Print

Galaxy Mechanical Engineering Equipments Private Ltd. Vs Assistant Commissioner (Calcutta High Court) In this matter, petitioner has challenged the impugned show-cause notice for cancellation of registration of the petitioner and suspending the registration of the petitioner by the same impugned show-cause notice itself and petitioner has further challenged the impugned show-cause notice for cancellation of […]

Customs: HC set aside punishment order imposing penalty without any enquiry & adjudication 

March 8, 2022 1545 Views 0 comment Print

Dharanidhar Ghosh Vs Union of India (Calcutta High Court) In this matter, petitioner has challenged the impugned order dated 28th January, 2022 passed by the respondent Commissioner of Customs in the case of the petitioner imposing several punishments including Punishment No.V, imposing a penalty of Rs.1 crore under Section 112 (b) of the Customs Act […]

Pre-show-cause notice consultation not Mandatory but Directory & Discretionary

March 6, 2022 2298 Views 0 comment Print

Jagdish Das Vs Union of India (Calcutta High Court) Heard learned Advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned show-cause-cum-demand notice dated 23rd April, 2021 issued by the CGST Authority concerned on the ground that the same was issued without issuing pre-show cause notice consultation as per Circular No.1076/02/2020 […]

HC quashes order passed without providing documents relied & by denying cross-examination of witnesses

March 6, 2022 1434 Views 0 comment Print

Sunil Kumar Mitra Vs Union of India (Calcutta High Court) Considering the submission of the parties and admitted position which appears from record, I am of the view that in this case there was violation of principle of natural justice and the impugned order of the Appellate Authority is a non-speaking order on the aforesaid […]

GST Registration cannot be cancelled in violation of principles of natural justice

March 6, 2022 3015 Views 1 comment Print

Latika Ghosh Vs  Commercial Tax Officer/Assistant Commissioner (Calcutta High Court) 1. The court ordered for the restoration of the appellant’s certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is […]

HC quashes order for Confiscation of car for alleged use in Smuggling passed without opportunity of hearing 

March 6, 2022 702 Views 0 comment Print

As per Section 115(2) of the Customs Act, 1962 Any conveyance or animal used as a means of transport in the smuggling of any goods or in the carriage of any smuggled goods shall be liable to confiscation, unless the owner of the conveyance or animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal

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