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Tag: Calcutta HC

GST ArticleHigh Court

ITC cannot be availed by the Registered Person when returns are filed beyond statutory period stipulated u/s 16(4) of the CGST Act

byCA Bimal Jain09/01/202409/01/2024

The Hon’ble Calcutta High Court in the case of BBA Infrastructure Ltd. v. Senior Joint Commissioner of State Tax [MAT No. 1099 of 2023 dated December 13, 2023] dismissed the writ petition and held that, Section 16(1) of the Central…

Lawgics

Lawgics – Judgment No. 015

byNidhi Aggarwal29/11/202302/03/2024

Lawgics by Advocate and Author Nidhi Aggarwal. Judgment no. 015

GST Article

Case name: Shankar Ekka vs The Assistant Commissioner of State Tax – Calcutta High Court

byCA Nihalchand J Jain24/11/202324/11/2023

On a plain reading of section 29 of the Act, it is evident that there is a apparent difference between section 29(1) and section 29(2) of the Act. Both the sections operate in different fields. The power to cancel retrospectively…

GST ArticleHigh Court

Assessee is not liable to suffer due to fraudulent and negligent conduct of CA

byCA Bimal Jain20/11/202320/11/2023

The Hon’ble Calcutta High Court in the case of Jayshree Bhardwah v. Deputy Commissioner of Revenue W.B. State Tax & Ors. [WPA 1504 of 2023 dated August 7, 2023] allowed the writ petition and held that the Petitioner’s appeal was…

GST ArticleHigh Court

GST Daily 116 – HC QUASHES PENALTY ORDER ON E-WAY BILL THAT EXPIRED IN 9 HOURS

byCA Pradeep Modi26/10/202327/10/2023

The Hon’ble Kolkata High Court in the case of M/s. Ishaan Plastics Pvt. Ltd. & Anr. V/s The Deputy Commissioner of State Tax Bureau of Investigation (South Bengal) Durgapur Zone decided on 20.09.2023 👉 Issue ✔️ Can the Department impose…

GST ArticleHigh Court

New Conditions for claiming exemption can’t be introduced via Circular

byCA Bimal Jain22/10/202322/10/2023

The CESTAT, Kolkata in M/s. The Bank of Nova Scotia v. Commissioner of Customs (Admn. & Airport), [Final Order No. 77289-77292/2023 dated October 5, 2023] held that a new condition, which is not inherent to the exemption notification, cannot be…

GST ArticleHigh Court

No Service Tax on construction activities for Mega Sports Complex to be used for non-commercial purposes

byCA Bimal Jain22/10/202322/10/2023

The Hon’ble Kolkata High Court in M/s. Laing- Simplex JV v. Commissioner of Central Excise and Service Tax, Ranchi [Service Tax Appeal No. 70693 of 2013 dated October 10, 2023] held that the services provided during the construction of the…

GST Article

GST DAILY – 114 Dept. should dispose of petitioner’s representation for allowing amendment to GSTR-1 form, either manually or online

byCA Pradeep Modi21/10/202321/10/2023

THE Hon’ble CALCUTTA HIGH COURT in the case of  TECHNO WAXCHEM PVT. LTD. V/s GOODS AND SERVICES TAX COUNCIL decided on 12-9-2023 👉 Issue ✔️ If Assessee inadvertently committed mistake in filling up GSTR-1 form is it possible to amend…

GST in Media

HC quashes penalty order on e-way bill that expired in 9 hours

byAdmin16/10/202316/10/2023

The Calcutta High Court has set aside an order by Goods and Services Tax (GST) authorities that penalised an assessee for transporting a vehicle after expiry of the e-way bill just nine hours back. Tax officials could not prove that…

GST ArticleHigh Court

Applicability of GST on Works Contracts entered before the GST Implementation

byCA Bimal Jain09/10/202311/10/2023

The Hon’ble Calcutta High Court, in the case of Dipak Sarkar v. The State of West Bengal and Others, dismissed the writ petition and held that the assessee is liable to pay the GST on payment received after implementation of the GST regime for the work orders given prior to the implementation of the GST regime.

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