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Tag: Calcutta HC

GST ArticleHigh CourtPre-GST

No Recovery of Central Excise Duty, Interest, and Penalty without serving of Adjudication Order

byCA Bimal Jain31/07/202202/08/2022

The Hon’ble Calcutta High Court in the matter of M/s Haldia Petrochemicals Limited v. Assistant Commissioner [W.P. A No. 4249 of 2022, dated June 30, 2022] held that no recovery of Central Excise Duty, interest, and penalty can be made…

GST ArticleHigh Court

IGST is leviable on the interest component of EMI of loan advanced by the Bank through credit card

byCA Bimal Jain12/07/202202/08/2022

The Hon’ble Calcutta High Court in Mr. Ramesh Kumar Patodia v. Citi Bank NA & Ors. [WPO 547 of 2019 dated June 24, 2022] held that interest component of Equated Monthly Instalments (“EMI”) of the loan, through credit card services…

Judgment-Orders

Assessee should be given opportunity to produce evidence which has impact on tax liability: Calcutta HC

byAdmin16/06/202216/06/2022

The Calcutta High Court bench has held that assessees should be given the opportunity to produce evidence which has an impact on tax liability. The division bench of Justice Debangsu Basak and Justice Bibhas Ranjan De has observed that tax…

Judgment-Orders

The buyer is not responsible for non-payment of tax by the supplier

byAdmin05/06/202205/06/2022

The Hon’ble Calcutta High Court in the case of SANCHITA KUNDU AND OTHERS vs. THE ASSISTANT COMMISSIONER OF STATE TAX AND OTHERS has ruled that the buyer is not responsible for non-payment of tax by the supplier. 05.05.2022.p.b.Sl. No.21. W.P.A.…

Judgment-Orders

Genuine Transactions with suppliers whose GST Registration cancelled: Calcutta HC allows GST ITC to Assessee

byAdmin18/05/202218/05/2022

The Calcutta High Court bench of Justice Md. Nizamuddin has held that the Input Tax Credit (ITC) cannot be denied on genuine transactions with suppliers whose GST registration was cancelled after the transaction. The petitioners/assessee were aggrieved by the action…

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