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Calcutta High Court

Block electronic credit ledger only to the extent of demand – HC directs dept

August 5, 2022 618 Views 0 comment Print

Jyoti Commotrade Private Limited Vs State of West Bengal (Calcutta High Court) Admittedly, the allegations relate to transactions pertaining to financial year 2017-2018 and accordingly by a notice dated October 22, 2021 the alleged claim of input tax credit to the tune of Rs.71,23,836.66 paisa each under CGST/SGST head had been disallowed. If that is […]

HC Transfers Matrimonial Case – Follows principle of ‘showing leniency towards wife’

August 4, 2022 1017 Views 0 comment Print

Smt. Sandipa Gupta (Bhowmick) @ Sandipa Bhowmick Vs Sri Suraj Gupta (Calcutta High Court) Admittedly, the husband has filed a Matrimonial Suit against the petitioner/wife for divorce on the ground of cruelty. The wife is now residing with her widow mother at Siliguri which is at a distance of more than 100 kilometers from Coochbehar. […]

TCS not applicable on Timber sawn into logs of different dimensions & shapes

July 31, 2022 17535 Views 0 comment Print

PCIT (TDS) Vs Nirmal Kumar Kejriwal (Calcutta High Court) The first objection raised by the assessee was that the tax collected at source is applicable on raw timber which mean timber logs that is obtained from the forest produce. Apart from that they had stated that they were trading in processed wood which are imported […]

GST demand Recovery before Expiry of Time to file Appeal is Violation of Law

July 30, 2022 2916 Views 0 comment Print

GST demand Recovery without giving any opportunity to petitioner to file statutory appeal which is mandatory before initiating any recovery proceeding is clear violation of Section 78 of GST Act.

HC dismisses petition claiming ownership of cash seized by Enforcement Directorate

July 30, 2022 456 Views 0 comment Print

Renu Devi Banka Vs Union of India (Calcutta High Court) By this writ petition, petitioners have challenged the impugned show-cause-notice dated 3rd February, 2022 issued by the Special Director, Directorate of Enforcement, Adjudicating Authority, Chandigarh, against the 24 persons who are third parties/ noticees and none of them are the petitioners in this Writ Petition […]

Captive undertaking eligible for Section 80IC deduction

July 26, 2022 687 Views 0 comment Print

CIT Vs ITC Limited (Calcutta High Court) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in allowing the claim of the assessee for deduction under Section 80IC of the I.T. Act, 1961, amounting to Rs.72,21,948/- by disregarding that the captive undertaking is not entitled to […]

If the last date to file a reply is a holiday, the date extends to the next working day

July 26, 2022 4449 Views 0 comment Print

R N Fashion Vs Union of India And Ors (Calcutta High Court) In this case reply was uploaded online by the assessee on 21st March, 2022 and the time limit for filing the reply in terms of notice expired on 18th March, 2022 which was a public holiday and the following two days namely, 19th […]

Violation of principles of natural justice – If basis of reopening not furnished: HC

July 23, 2022 1455 Views 0 comment Print

Court is convinced that there has been violation of principles of natural justice inasmuch as the appellant was not furnished with full information based on which the assessment was sought to be reopened.

Electricity generated from Waste Gas cannot be classified HSN 2716

July 22, 2022 1251 Views 0 comment Print

HC held that electricity generated from Waste Gas cannot be classified under chapter heading 2716 and hence, cannot be said to be exempted goods, since not excisable goods so as to warrant reversal of credit

Trust cannot be treated as AOP if order cancelling trust registration was set-aside

July 21, 2022 945 Views 0 comment Print

Order of cancellation of registration was set aside by Tribunal and, therefore, direction was issued to assessing officer to assess assessee as a trust and not as AOP

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