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The Calcutta High Court has overturned both the GST appellate order and the original adjudication order under the GST Act. The court determined that the authorities did not adequately review the return data available on the portal, which they deemed a significant failure to discharge their responsibilities. Justice Om Narayan Rai said that although the […]
The Calcutta High Court has stayed reassessment proceedings initiated u/s 148 of the Income Tax Act, 1961, for the AY 2021-22, on a prima facie basis, that the reassessment notice seemed to have been issued without acknowledging the taxpayer’s detailed replies provided earlier in reply to a notice u/s 133(6) of the Income Tax Act. […]
The Calcutta High Court has partly refused an appellate order given under the West Bengal GST regime. The HC figured that the appellate authority unlawfully raised the assessee’s tax penalty without furnishing the requisite option for a hearing, thereby violating Section 107(11) of the CGST and WBGST Act of 2017. The bench of Justice Om […]
The Calcutta High Court ruled that the only possibility that a taxpayer may have obtained an SMS/email alert for GST ( Goods and Services Tax) adjudication order is not conclusive evidence of service. Rajkumar Dyeing & Printing Works Private Limited has submitted a writ. The order of the appellate authority passed under section 107 of […]
In a recent decision, the Calcutta High Court held that stereo systems used in the manufacturing of e-rickshaws qualify as ‘inputs’ under the GST framework and are eligible for a refund of unutilised Input Tax Credit (ITC) under Section 54(3)(ii) of the GST Act, 2017. The applicant, Hooghly Motors Pvt. Ltd., had asked for a […]
The Calcutta High Court has granted interim relief in a challenge to a time-barred demand made under Section 73 of the West Bengal Goods and Services Tax Act, 2017 (WB GST Act), by temporarily halting the recovery process and directing the deposit of 10% of the disputed tax amount so that it may fully consider […]
The Calcutta High Court recently overturned the GST appellate order because the authority did not review the transportation bills and other documents the petitioner had provided before making its decision. The petitioner, Soumyendu Bikash Jana, moved a writ petition before the High Court to contest a GST appellate order issued under Section 107 of the […]
The Calcutta High Court recently ruled that the illness of a partner within a partnership firm constitutes a ‘sufficient cause’ for the condonation of delay in filing a statutory appeal. Consequently, the Court set aside the order previously issued by the GST Appellate Authority, reaffirming the principle that genuine medical hardships should be taken into […]
The Calcutta High Court, Circuit Bench at Jalpaiguri, has reiterated that the retrospective cancellation of a supplier’s GST registration, by itself, cannot be the sole basis for denying Input Tax Credit (ITC) to a bona fide purchaser. An appellate order has been set aside by the bench of Justice Hiranmay Bhattacharyya, passed under the West […]
