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Calcutta High Court

Detention of goods u/s. 129 of CGST Act sustainable on account of expiry of e-way bill

March 8, 2023 4689 Views 0 comment Print

Calcutta High Court held that due to expiry of e-way bill, authorities are empowered to detain the goods and impose tax and penalties thereon as per provisions of section 129 of the Central Goods and Services Tax Act, 2017.

Assessee eligible for SVLDR if at SCN stage no fresh adjudication order after order of remand by appellate authority 

March 5, 2023 1659 Views 0 comment Print

GE Power India Limited Vs Union of India & Ors (Calcutta High Court) HC held that impugned orders dated 12th February, 2020 rejecting the petitioner’s applications under the SVLDRS 2019, are arbitrary, invalid, perverse and not tenable in the eye of law for the following reasons: (i) On the date of filing of the applications […]

Alternative remedy not an absolute bar for entertaining writ petition

March 4, 2023 2319 Views 1 comment Print

Hc held that alternative remedy will not operate as an absolute bar for entertaining the writ petition as jurisdictional issue goes to the root of the matter. Therefore, we are of the view that appellant has made out a case for entertaining this appeal” and had also stayed the further re-assessment proceedings.

HC imposes cost on AO for issuing notice to non existent company

March 4, 2023 2196 Views 0 comment Print

Orbit Projects Private Limited Vs ITO (Calcutta High Court) Sub- Whether an Assessing officer ignoring the judgement of Calcutta high court in the case of assessee itself issue a fresh notice u/s 148 disregarding the fact that the company in whose name the notice is issued is no longer in existence and for this very […]

Return from a Development Agreement in favour of land owner is capital gain

February 28, 2023 1770 Views 0 comment Print

CIT Vs Machino Techno Sales Ltd. (Calcutta High Court) Whether area sharing by the land owner is eligible to be treated as capital gains in a development agreement and not business income? The division bench of Calcutta high court in this case was considering appeal of department where the ITAT Kolkata benches held that the […]

Section 50C not applies when immovable property compulsorily acquired by Government

February 26, 2023 4614 Views 0 comment Print

PCIT Vs Durgapur Projects Limited (Calcutta High Court) Whether provisions of Section 50C can be applied when the immovable property is compulsorily acquired by the Government? Whether the definition of transfer u/s 2(47) can be considered for applying Section 50C or only when the transfer involves payment of stamp duty that the provisions of Section […]

Corporation failed to establish involvement of company in advertising its product without permission

February 22, 2023 1017 Views 0 comment Print

Calcutta High Court dismissed the petition of Kolkata Municipal Corporation in absence of any evidence proving establishing direct or indirect involvement of the respondent company to have advertised its product without permission.

Change in classification of Tariff Heading for availing lower Tariff rate benefit is not allowable

February 19, 2023 2067 Views 0 comment Print

Calcutta High Court held that petitioner not allowed to change the classification of Tariff Heading for availing lower rate of Tariff under GST regime as petitioner never contested classification under Central Excise Tariff Act and enjoyed Duty Drawback accordingly.

High Court permits GST appeal filing after expiry of statutory period

February 19, 2023 2535 Views 0 comment Print

Debson Pumps Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) High Court permitted the petitioner to file an appeal after the expiry of statutory period after condoning the delay. FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT 1. This application has been filed to condone the delay of 109 days in […]

Opportunity of hearing to be granted prior to cancellation of GST registration for non-filing of GST return

February 18, 2023 1530 Views 0 comment Print

Calcutta High Court held that non-filing of GST return vis-à-vis cancellation of GST registration, an opportunity of hearing should be granted to the petitioner who failed to file the GST return as incurred heavy loss and accordingly was under tremendous mental stress.

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