The Calcutta High Court, in a significant ruling, held that delay in filing a GST appeal due to the illness of the assessee’s accountant constitutes a sufficient cause for condonation. The Court observed that since the assessee was neither grossly …
The Calcutta High Court in the case of Dinesh Biswas v. State of West Bengal & Ors. (WPA No. 1737 of 2025, decided on 2 September 2025) examined the legality of cancellation of GST registration on account of non-filing of returns. The …
On 7 August 2025, the Calcutta High Court delivered an important ruling on the issue of levy of penalty under the Goods and Services Tax (GST) regime. The Court held that penalty cannot be imposed on the assessee merely on …
The Calcutta High Court, in its landmark judgment dated 28 July 2025 in the case of Asian Financial Services Ltd. v. CIT, settled a long-standing controversy regarding the tax treatment of losses incurred from trading in derivatives. The Court categorically held that such losses …
The recent rulings of the Calcutta High Court in Gopal Rathi vs. Ratan Banik and Santosh Kumar Sah vs. Union of India mark a significant shift in how GST arrests must be approached in India. For too long, enforcement practice leaned on a “arrest first, investigate later” mindset, …
The Calcutta High Court has delivered a landmark ruling that strengthens the rights of taxpayers seeking GST refunds. In the case of Suraj Mangar vs. The Assistant Commissioner of West Bengal State Tax & Others, the Court made it clear that refund …
In a notable ruling, the Calcutta High Court clarified a fundamental aspect of contract law — that the cause of action in a contractual dispute arises only when there is a clear and unequivocal refusal by a party to perform its obligations under the …
Here are the key facts and legal reasoning in Mahesh Kumar Mishra v. Union of India, decided by the Calcutta High Court on 14 July 2025, where the Court remanded the matter because the appellate order failed to adequately address the recovery of tax before …
In a recent decision, the Calcutta High Court emphasized the importance of due process and fair hearing in indirect tax adjudication under the GST regime. The case arose from an ex parte order passed against a taxpayer who failed to respond to a show-cause notice …
Reassessment proceedings under Section 147/148 of the Income Tax Act are a powerful tool in the hands of the Revenue to reopen past assessments where income is believed to have escaped taxation. However, such power is not unfettered and must …
In a significant ruling, the Calcutta High Court has held that non-production of a physical copy of the GST challan during the movement of goods cannot be a ground for imposing penalty under the GST law, especially when the digital copy …
In a significant ruling safeguarding taxpayer rights and reinforcing judicial scrutiny over reassessment proceedings, the Calcutta High Court in Vikas Rungta v. ITO quashed the reassessment initiated under Section 148 of the Income Tax Act, 1961. The Court observed that the reopening …
In a recent ruling, the Calcutta High Court clarified that the time granted to the assessee to respond to a notice under Section 148A(b) of the Income Tax Act must be excluded while calculating the limitation period for passing the …
This court ruling reinforces the principle that penalties under GST must be based on clear evidence of tax evasion, not just procedural deviations like route changes. In a significant judgment, the Calcutta High Court has held that mere deviation from …
The court also ordered the respondents to reactivate the GST portal within one week, enabling the petitioner to file returns and pay off all liabilities. However, the court specified that if the petitioner fails to meet the compliance requirements within …
The Court gave 10 days to the petitioner to file a reply, and the proper officer was instructed to pass a new GST order under Section 73(9) within 4 weeks of the personal hearing. In a significant ruling, in case …
The court emphasized that the petitioner had acted in good faith by making the required pre-deposit and there was no evidence of mala fide intent on the part of the petitioner. In a recent judgement in case of Partha Pratim …