• Legal Era India
  • Legal Era Global
  • Membership
  • Sign inSUBSCRIBE
Legal Era
X
Sign in
  • Home
  • News
    +
    • From the Courts
    • Policy & Law
    • Supreme Court (India)
    • High Court (India)
    • TAX Updates
    • MARKET WATCH
    • Deal Street
    • Global Insights
    • IBC Cases
    • Hires & Moves
    • IP News
    • Competition Verdict
    • Global Articles
    • Global Deals
  • Articles
    +
    • ABOUT THE LAW
    • AWARDS & ACCOLADES
    • Aerospace
    • Agriculture
    • Alternate Dispute Resolution
    • Banking and Finance
    • Bankruptcy
    • Book Review
    • Bribery & Corruption
    • Commercial Litigation
    • Competition Law
    • Conference Reports
    • Consumer Products
    • Contract
    • Corporate Governance
    • Corporate Law
    • Covid-19
    • Cryptocurrency
    • Cybersecurity
    • Data Protection
    • Defence
    • Digital Economy
    • E-commerce
    • Employment Law
    • Energy and Natural Resources
    • Entertainment and Sports Law
    • Environmental Law
    • FDI
    • Food and Beverage
    • Health Care
    • IBC Diaries
    • Insurance Law
    • Intellectual Property
    • International Law
    • Labour Laws
    • Litigation
    • Litigation Funding
    • Manufacturing
    • Mergers & Acquisitions
    • NFTs
    • Privacy
    • Private Equity
    • Project Finance
    • Real Estate
    • Risk and Compliance
    • Technology Media and Telecom
    • Tributes
    • Zoom In
    • Take On Board
    • In Focus
    • Law & Policy and Regulation
    • IP & Tech Era
    • Viewpoint
    • Arbitration & Mediation
    • Tax
    • Student Corner
    • ESG
    • Gaming
    • Inclusion & Diversity
  • Law Firms
    +
    • Global Law Firm
    • Asia Law Firm
    • India Law Firm
  • In-House
  • Rankings
  • E-Magazine
  • Legal Era TV
  • Legal Era TV
  • Events
  • News
    • From the Courts
    • Policy & Law
    • Supreme Court (India)
    • High Court (India)
    • TAX Updates
    • MARKET WATCH
    • Deal Street
    • Global Insights
    • IBC Cases
    • Hires & Moves
    • IP News
    • Competition Verdict
    • Global Articles
    • Global Deals
  • Articles
    • ABOUT THE LAW
    • AWARDS & ACCOLADES
    • Aerospace
    • Agriculture
    • Alternate Dispute Resolution
    • Banking and Finance
    • Bankruptcy
    • Book Review
    • Bribery & Corruption
    • Commercial Litigation
    • Competition Law
    • Conference Reports
    • Consumer Products
    • Contract
    • Corporate Governance
    • Corporate Law
    • Covid-19
    • Cryptocurrency
    • Cybersecurity
    • Data Protection
    • Defence
    • Digital Economy
    • E-commerce
    • Employment Law
    • Energy and Natural Resources
    • Entertainment and Sports Law
    • Environmental Law
    • FDI
    • Food and Beverage
    • Health Care
    • IBC Diaries
    • Insurance Law
    • Intellectual Property
    • International Law
    • Labour Laws
    • Litigation
    • Litigation Funding
    • Manufacturing
    • Mergers & Acquisitions
    • NFTs
    • Privacy
    • Private Equity
    • Project Finance
    • Real Estate
    • Risk and Compliance
    • Technology Media and Telecom
    • Tributes
    • Zoom In
    • Take On Board
    • In Focus
    • Law & Policy and Regulation
    • IP & Tech Era
    • Viewpoint
    • Arbitration & Mediation
    • Tax
    • Student Corner
    • ESG
    • Gaming
    • Inclusion & Diversity
  • Law Firms
    • Global Law Firm
    • Asia Law Firm
    • India Law Firm
  • In-House
  • Rankings
  • E-Magazine
  • Legal Era TV
  • Legal Era TV
  • Events
search-icon

Top Stories

HomeNewsFrom the Courts
28 Dec 2020 2:01 PM GMT

Calcutta High Court keeps open maintainability of writ on Real Estate Projects opting for Concessional Rate of GST

By Legal Era
Calcutta High Court keeps open maintainability of writ on Real Estate Projects opting for Concessional Rate of GST

Calcutta High Court keeps open maintainability of writ on Real Estate Projects opting for Concessional Rate of GST The High Court of Calcutta (HC) heard the petition regarding requirements related to reverse accumulated credit by on-going real estate projects opting for concessional rate of Goods and Service Tax (GST) A writ petition was filed by a petitioner who was aggrieved by Rule...

ToRead the Full Story, Subscribe to Legal Era

Access the exclusive LEGAL ERAStories,Editorial and Expert Opinion

Subscribe Now
AlreadyaSubscriber?SigninNow
View Plans



Calcutta High Court keeps open maintainability of writ on Real Estate Projects opting for Concessional Rate of GST

The High Court of Calcutta (HC) heard the petition regarding requirements related to reverse accumulated credit by on-going real estate projects opting for concessional rate of Goods and Service Tax (GST)

A writ petition was filed by a petitioner who was aggrieved by Rule 42(4)(c) that was issued under Notification No. 16/2019 Central Tax on 29 March 2019 and also the second proviso of Column 5 and Paras 1(a) and 1(e) of Annexures I and II of Notification No.3/2019 – it issued on the same date.

The Petitioner averred that directions regarding reversal of accumulated credit were almost similar to the directions for payment of tax. It was contended that a person to whom the powers were delegated cannot give directions to pay tax as it is a substantive aspect and is not delegable in nature.

The petitioner countered the revenue department's objection regarding the maintainability of the said petition. The petitioner pleaded that a writ petition under Article 226 of the Constitution of India has maintainability even without a show-cause notice issuance. It was reasoned that there is a likelihood of an illegal tax assessment due to the exercise of the legislative power beyond its competence would give rise to a cause of action.

The matter was listed before the HC in front of the single-judge bench of Justice Shekhar B Saraf. Justice permitted both parties to file affidavits. He said that the issue of maintainability of the writ petition would remain open.

Interim relief was also granted by the HC with the liberty to file an application with the petition before the HC if any forced step is taken against the Petitioner. The HC presided over the requirement to reverse accumulated credit by on-going real estate projects opting for a concessional rate of GST. The next hearing is in March 2021.

Next Story
TAGS:
  • Calcutta High Court 
  • Goods and Service Tax 
  • Real Estate 
  • GST 
  • Legal News 
  • LAW NEWS 
Similar Posts
Trending Now
Recommended Articles
  • News
  • From the Courts
  • Supreme Court (India)
  • High Court (India)
  • Global Insights
  • Deal Street
  • Hires & Moves
  • Refund & Cancellation Policy
  • Articles
  • Zoom In
  • Take On Board
  • In Focus
  • Law & Policy
  • IP & Tech Era
  • Viewpoint
  • Arbitration & Mediation
  • Tax
  • Student Corner
  • Interviews
  • Law Firms
  • E-Magazine
  • Legal Era TV
  • Membership
  • Reader's Feedback
  • Cartoons
  • Subscribe
  • Advertise
Follow Us
Subscribe Newsletter
  • 2023© All rights reserved Legal Era Media Group
  • Who We Are
  • Careers
  • Advertise with Us
  • Contact Us
  • Privacy Policy
  • Terms and Conditions
Powered by  Hocalwire
X
X