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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 […]
The Calcutta High Court ruled that tax officers do not have the power under the Goods and Services Tax (GST) Act to seal or take away cash. As a result, the court ordered that Rs. 24 lakhs should be released immediately. Tax authorities are granted authority under Section 67 of the Central Goods and Services […]
The Calcutta High Court recently addressed a case involving a reporting error related to cess in the monthly GSTR-3B returns. The error was later rectified through the annual GSTR-9 return. The Court directed the authorities to reconsider the matter and take into account the corrections made in the annual return for the initial omission of […]
The Calcutta High Court has ruled that proceedings u/s 153C of the Income Tax Act could not be initiated unless incriminating material of the taxpayer is discovered in a search and both the assessing officers (the Assessing Officer of the searched person, along with the Assessing Officer of the person other than the searched person) […]
The Income Tax Department cannot withhold a refund under Section 245 of the Income Tax Act, 1961, unless it establishes tax liability, the Calcutta High Court cited. The Bench of Justice Raja Basu Chowdhury said that it is correct that section 245 of the said Act allows the income tax department to set off a […]
Integrated Goods and Services Tax (IGST) Input Tax Credit (ITC) declared in GSTR-9 can be set off against tax demand if skipped in the monthly GSTR-3B, the Calcutta High Court held. Justice Om Narayan Rai bench said that the appellate authority did not give an explanation why the IGST ITC declared in GSTR-9 cannot be […]
The Calcutta High Court recently ruled that a minor delay in filing a GST appeal warranted condonation, as the petitioner presented a satisfactory explanation for the delay. Additionally, the Court instructed the authorities to re-evaluate whether the pre-deposit requirement under the CGST Act, 2017, had been calculated correctly and adhered to appropriately. The applicant, Dhananjoy […]
The Calcutta High Court supported a taxpayer’s right to a fair hearing under the Goods and Services Tax (GST) system. This decision allows the taxpayer to file a new appeal due to technical issues that prevented them from accessing the online system. The High Court, in a petition filed by Aparajita Mukherjee (the applicant), noted […]
