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Calcutta High Court

HC suspends order cancelling GST registration based on Vague reasons

March 13, 2022 2703 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 1623 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 2412 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 1488 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 3114 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 756 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

No penalty for expiry of e-way bill if no intention to evade tax

March 1, 2022 10017 Views 0 comment Print

Ashok Kumar Sureka Vs Assistant Commissioner (Calcutta High Court) Hon’ble Calcutta HC in a matter relating to imposition of tax and penalty under section 129 of the CGST Act 2017 on the ground of expiry of e-way bill, has quashed the orders and allowed refund of both tax and penalty paid subject to compliance of […]

Meaning of ‘education’ u/s 2(15) cannot be restricted to only formal school or college

March 1, 2022 4125 Views 0 comment Print

Supreme Court in the case of Thanthi Trust has held that the word education occurring in Section 2(15) of the Act has to be given a wider meaning and not to restrict it to mean formal school education.

Deactivation of DIN of the Directors is not automatic: HC

February 20, 2022 5145 Views 0 comment Print

Satya Narayan Banik Vs Union of India (Calcutta High Court) This Court is of the view that the object and purposes of Section 164 and 167, as amended is to ensure probity and the highest standard of governance in Companies both public and private. A failure to file balance sheet and the annual returns for […]

Revaluation of Land by firm after conversion of inventory into fixed asset – colourable device?

February 7, 2022 1818 Views 0 comment Print

PCIT Vs Orchid Griha Nirman Pvt. Ltd. (Calcutta High Court) Tribunal agreed with CIT(A) that after conversion of inventory into fixed asset the firm revalued the developed land including construction thereon in order to bring it in line with the current market value to justify the business assistance secured by the firm from the banks […]

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