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Calcutta High Court

GST: Adverse order cannot be passed without providing opportunity of hearing even if not asked

May 13, 2023 1560 Views 0 comment Print

HC held that even without any request for personal hearing by an assessee, officer must have to provide personal opportunity of hearing, if the order is contemplated to be adverse.

HC quashed reassessment order as approval was not from specified authority

May 10, 2023 1821 Views 0 comment Print

PCIT from whom approval has been taken is not specified authority for approval under Section 148 and Section 148A of Income Tax Act, 1961.

HC directs restoration of appeal on deposit of pre-deposit amount under Section 35F of Central Excise Tax, 1944

May 10, 2023 1125 Views 0 comment Print

Active Ads Vs State of West Bengal & Ors. (Calcutta High Court) HC find that this matter does not warrant to be heard on affidavits. The appeal was dismissed only on the ground of failure of the petitioner to make the pre-deposit. Taking a lenient view as to the default as the same will non-suit […]

Road Tax exemption on tractors/trailors confined only within tea garden area

May 10, 2023 996 Views 0 comment Print

HC allows petitioner to demonstrate that tractors/trailors against which exemption of motor vehicles tax are claimed are not used or do not ply in public road but are confined only within the tea garden area.

Government cannot usurp taxpayer money for clerical mistake in GST Invoice

May 8, 2023 28929 Views 0 comment Print

Only for clerical mistake of GSTIN in invoice Government cannot usurp money of a taxpayer & make him run to pillar to post for refund of same.

Proceeding by two GST authorities on same issue – HC allowed time barred Appeal

May 6, 2023 1497 Views 0 comment Print

SSB Petro Products Vs Assistant Commissioner (Calcutta High Court) This intra-Court appeal is directed against the order dated 16.01.2023 passed in WPA 29 of 2023. The appellants had challenged the order passed by the Senior Joint Commissioner, State Tax, Howrah Circle dated 21.11.2022 rejecting the appeal filed by the appellant as time barred. On a […]

HC admits writ petition due to non availability of GSTAT

May 5, 2023 744 Views 0 comment Print

In view of non-availability of GST appellate forum against impugned order of appellate authority, writ petition is entertained by HC

Any person registered or desirous of obtaining GST registration can seek Advance Ruling

May 4, 2023 1488 Views 0 comment Print

Calcutta High Court decision on Anmol Industries vs WB AAR case. Challenge to AAR rejection of GST exemption ruling application. Appellate authority option discussed.

GST: E-way bill expiry- No penalty in absence of evidence questioning appellant’s bona fides

May 4, 2023 1524 Views 0 comment Print

Progressive Metals Pvt. Limited Vs Deputy Commissioner (Calcutta High Court) It is not in dispute that the vehicle along with the goods entered the Durgapur industrial belt within the validity of the e-way bill. The vehicle was intercepted on 9th May, 2022 at 9:35 AM at Durgapur and the vehicle was detained along with the […]

GST: Division Bench of Calcutta High Court Set aside the Adjudication order on facts

May 2, 2023 2553 Views 0 comment Print

Calcutta HC set aside the adjudication order on the facts and Circumstances subject to payment of further Rs. 1.00 lakh and lifted the bank attachment.

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