Calcutta High Court held that show cause notice not specifying the charge against the assessee is bad-in-law. Accordingly, initiation of the penalty proceedings is vitiated.
Detailed review and analysis of the landmark judgment – Saturday Club Ltd Vs PCIT by Calcutta High Court concerning club income taxation and the principle of mutuality.
In a judgment by the Calcutta High Court, the authority’s email directive to reverse input tax credit (ITC) due to the retrospective cancellation of a supplier’s GST registration was set aside. The court emphasized the need for a valid basis for cancellation, violation of natural justice, and directed the authority to remit the reversed amount within 10 days.
HC set aside the order passed by the Appellate Authority and remanded back the matter to Appellate Authority to pass a fresh speaking order after giving petitioners an opportunity of being heard, as the assessee had duly prepared the e-way bill within 3 minutes of the interception of the vehicle.
In Earthmark Traders v. Joint Commissioner, State Tax ,Calcutta High Court sets aside order passed by Appellate Authority, emphasizing that authority cannot go beyond the allegations made in Show Cause Notice. Learn about facts, issue, held, and implications of this significant decision.
Calcutta High Court held that though the official liquidator is now in-charge of the affairs of the company, the petitioners being the erstwhile directors are to assist the official liquidator in affairs of the company even after winding up.
In a significant ruling, the Hon’ble Calcutta High Court, in the case of Perfect Enterprise v. State of West Bengal [W.P.A. No. 532 of 2023 dated June 15, 2023], overturned a penalty order issued by the Adjudicating Authority and subsequently upheld by the Appellate Authority. The court held that no penalty should be imposed on a bonafide assessee if the e-way bill expires during the transportation of goods due to a national holiday.
Landmark ruling by Calcutta High Court on provisional attachment of a cash credit account under GST in J.L. Enterprises Vs Assistant Commissioner State Tax case.
Calcutta High Court held that if a husband supplies the consideration money for acquiring property in the name of his wife, such fact does not necessarily imply benami transaction.
Review of the Calcutta High Court’s judgment in the case Usha Gupta Vs Assistant Commissioner of Revenue, exploring the implications for penalties in instances of shortage in consignment quantity.
