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Calcutta High Court

Payment made during search without issuance of acknowledgment in GST DRC-04 should be refunded: Calcutta HC

July 29, 2024 1191 Views 0 comment Print

Calcutta High Court held that payment made during the course of search cannot be said to be voluntary payment. Such payment made cannot be retained by the department as acknowledgment in GST DRC-04 not given.

GST order passed subsequent to demise of registered tax payer, is unenforceable

July 29, 2024 771 Views 0 comment Print

Calcutta High Court sets aside an order under Section 74(9) of the GST Act, remanding the case due to proceedings held after the taxpayer’s death. Key implications outlined.

Services being part of mining operations are taxable only from 01.06.2007: Calcutta HC

July 29, 2024 630 Views 0 comment Print

Calcutta High Court held that coal cutting or mineral extraction and lifting them up to the pithead are essential integral processes and are part of mining operations and hence taxable only from 01.06.2007. No service tax is leviable on such activities prior to the said date.

HC Criticizes Appellate Authority for Overlooking Petitioner’s Documentation

July 27, 2024 1227 Views 0 comment Print

Explore the Calcutta High Court ruling in Shiva Chemicals & Anr. Vs Assistant Commissioner of Revenue, focusing on Input Tax Credit (ITC) disputes.

Notice issued making addition u/s. 68 whereas order confirmed addition u/s 69A untenable: Calcutta HC

July 25, 2024 1980 Views 0 comment Print

Calcutta High Court held that petitioner not put to notice in respect of addition made under section 69A of the Income Tax Act as notice was issued making addition u/s. 68. Accordingly, the same is violative of principles of natural justice.

HC allows assessee to deposit less than 20% of disputed tax for stay of demand

July 23, 2024 924 Views 0 comment Print

Calcutta HC rules that the assessee in ‘Education Research And Development Foundation Vs Union Of India’ can deposit less than 20% of disputed tax for a stay of demand.

HC Quashes Section 144B order passed without giving 7 days to respond to a SCN

July 23, 2024 1830 Views 0 comment Print

Calcutta HC invalidates Section 144B assessment order due to insufficient response time given. Court remands case, emphasizing violation of natural justice.

Personal hearing not granted despite request: HC set-aside Section 148A(d) Order

July 23, 2024 537 Views 0 comment Print

Detailed analysis of Calcutta HC’s judgment in Anup Kumar Agarwal vs Union of India, addressing issues under Sections 148A and 151A of the Income Tax Act, 1961.

HC Quashes Section 148A(d) order as approval was not from correct specified authority

July 22, 2024 2028 Views 0 comment Print

Calcutta High Court quashes IT order against Triton Overseas for jurisdictional issues under Section 148A(d). Learn about the Court’s decision and implications.

Shares Sale/Purchase Not a Colourable Transaction Based on Mere Suspicion

July 18, 2024 972 Views 0 comment Print

Read the detailed analysis of ITAT Calcutta decision in CIT vs. Lakshmangarh Estate & Trading Co Ltd regarding disallowance of capital losses on share transactions.

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