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Calcutta High Court

Writ dismissed as in spite of various opportunity, non-appearance stating COVID as reason is unwarrantable

March 16, 2023 873 Views 0 comment Print

Calcutta High Court held that as submitted by assessee non-filing of reply and not appearing for hearing in spite of several opportunity simply stating reason of COVID-pandemic not justifiable. Accordingly, writ petition dismissed.

Transportation of goods without a valid e-way bill mandatorily attracts penalty

March 15, 2023 2517 Views 0 comment Print

Calcutta High Court held that penalty under section 129 of the West Bengal Goods and Services Tax Act, 2017 duly imposed for transportation of goods without a valid e-way bill.

AO cannot invoke rule 8D(2)(ii) of Income Tax Rules without examining claim made by assessee

March 14, 2023 1713 Views 0 comment Print

Calcutta High Court held that invocation of provisions of rule 8D(2)(ii) of the Income Tax Rules by AO without examining the accounts of the assessee and without examining the claim made by the assessee is unjustified.

WB VAT: Writ petition dismissed holding that State action of not granting remission is not arbitrary

March 13, 2023 1131 Views 0 comment Print

Calcutta High Court dismissed the writ petition holding that State action for not granting of remission of tax cannot be said to be arbitrary. Accordingly, held that writ petition is devoid of merit.

To invoke Section 67 of GST Act existence of ‘reasons to believe’ is mandatory

March 13, 2023 3954 Views 0 comment Print

For invoking Section 67 of the Act existence of reasons to believe to subject the premises to search and seize goods is mandated. Here, the authority is vacillating between Section 67 and 68; whether the goods are in transit or in the godown.

Penalty u/s 129 justified on transportation of goods without a valid e-way bill

March 11, 2023 4452 Views 0 comment Print

Abinash Kumar Singh Vs State of West Bengal & Ors. (Calcutta High Court) Calcutta High Court held that provisions of section 129 of the West Bengal Goods and Services Tax Act, 2017 opens with a non-obstante clause. Accordingly, imposition of penalty u/s 129 justifiable on transporting goods without a valid e-way bill. Facts- The petitioner […]

Motor Vehicle tax on tractors/trailers owned by tea gardens & not used on public roads  

March 11, 2023 1332 Views 0 comment Print

Sankos Tea Garden Vs The State of West Bengal and Ors (Calcutta High Court) The petitioner is a subsidiary unit of Goodricke Group Limited and engaged in production and manufacture of tea. It is the case of the petitioner that they operate as many as 22 numbers of vehicles of different nature like tractors, leaf […]

GST on Transporting own Machinery from One place to other for Execution of Particular Work

March 11, 2023 28323 Views 0 comment Print

Where there is no sold or supply goods, goods can only be transported from one place to another with a delivery challans in lieu of tax invoice.

Reassessment Notice on Non-Existing Company is not legally Tenable

March 11, 2023 1509 Views 0 comment Print

Pranesh Dealmark Pvt. Ltd. Vs Union of India & ors. (Calcutta High Court) HC held that impugned notice has been issued in the name of the company which has already been amalgamated in.2020 and that the department has been intimated about this amalgamation which is matters of record and such notice in the name of […]

Penalty u/s 129(3) leviable in absence of fresh e-way bill when goods are transferred to another vehicle during conveyance

March 11, 2023 3207 Views 0 comment Print

Calcutta High Court held that penalty under section 129(3) of the West Bengal Goods and Services Tax Act, 2017 imposable on failure to generate a fresh e-way bill when goods are transferred from one vehicle to another during conveyance.

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