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Calcutta High Court

Failure to Provide information based on which Section 148A(b) notice was issued renders Section 148A(d) order unsustainable

February 20, 2024 3171 Views 0 comment Print

Somnath Dealtrade Private Limited Vs Union of India & Ors. (Calcutta High Court) Introduction: The case of Somnath Dealtrade Private Limited Vs Union of India & Ors. in the Calcutta High Court involves a significant challenge to an order dated 13th April, 2022, passed under Section 148A(d) of the Income Tax Act, 1961. The appellant, […]

Old provisions of section 148 including TOLA cannot be applied to new regime: Calcutta HC

February 20, 2024 4455 Views 0 comment Print

Calcutta High Court held that the provisions of old regime of Section 148 of the Income Tax Act (including TOLA) cannot be applied to new regime applicable from 01.04.2021. Accordingly, impugned notices quashed being barred by limitation.

Calcutta HC Quashes 200% Penalty in Expired E-Way Bill Case

February 13, 2024 1806 Views 0 comment Print

In a landmark ruling, the Calcutta High Court quashed a 200% penalty imposed for an expired e-way bill during goods export to Bangladesh, citing exceptional circumstances.

GST: No Substantive Changes Permitted in Orders by error rectification under Section 161

February 10, 2024 3624 Views 0 comment Print

The Calcutta High Court rules that substantive changes cannot be made under Section 161 of the CGST Act, supporting the integrity of original orders and limiting rectification to apparent errors.

Liquor import case: Complaint Against director Not Maintainable Without Company as Accused

February 9, 2024 780 Views 0 comment Print

The Calcutta High Court quashes a prosecution report against a director in a liquor import case, highlighting legal nuances and implications for company liability.

GST DRC-01 passed without considering reply: HC Set-aside the SCN

February 9, 2024 4470 Views 0 comment Print

Calcutta High Court sets aside GST DRC-01 for Eden Real Estates, citing violation of natural justice. The case emphasizes fair hearing rights.

Penalty under GST: HC directs examination of appellants’ conduct & willful intent to evade tax

February 6, 2024 1050 Views 0 comment Print

Explore the judgment by Calcutta High Court in K. D. Gupta & Company vs Assistant Commissioner, addressing delay in filing appeal, export transaction tax implications, and penalty imposition.

No Penalty under Section 129 of CGST Act if No Tax Payable

February 4, 2024 5991 Views 0 comment Print

Explore the Calcutta High Court’s groundbreaking decision in Mohammad Shamasher’s case, challenging Section 129 penalties for alleged GST violations. Detailed analysis, legal implications, and key takeaways revealed.

Unjust Enrichment Bar Not Applicable Due to Ongoing Vessel Usage

February 3, 2024 15303 Views 0 comment Print

In a recent judgment, Calcutta High Court resolves a Customs dispute, allowing Dredging Corporation of India Limited a refund. The court analyzes the application of Customs Act provisions and questions of unjust enrichment.

GST Fraud: Petitioner, unconnected to allegations is not liable for penalties

February 2, 2024 2763 Views 0 comment Print

Read the full text of the Calcutta High Courts judgment on Fairdeal Metals Limited vs. Asst. Commissioner. Analysis of the detention order, show cause notice, and penalty imposition.

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