Gujarat High Court

Corporate veil can be lifted if Company is used as a means to evade tax

Ajay Surendra Patel Vs DCIT (Gujarat High Court)

Hc held that opinion that such a huge tax evasion cannot be so lightly permitted on account of any hyper-technicality. The concept of lift or piercing of corporate veil, as sometimes referred to as cracking the corporate shell, is applied by the Courts sparingly...

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NEBULA Watch is Jewellery for levy of VAT in Gujarat

State of Gujarat Vs M/s. Titan Industries Limited (Gujarat High Court)

NEBULA Watch, which is predominantly a jewellery, is made of gold, precious metals and /or precious stones /diamonds and is made of 18 Karat gold. Under the circumstances, the same can be said to be an Article or Jewellery falling within Entry No.13(ii) of Schedule II of the Act....

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Assessment u/s 153A is Limited to search related income only

Principal Commissioner of Income Tax Vs Dipak J Panchal (Gujarat High Court at Ahmedabad)

It is held that the Assessing Officer while framing the assessment under Section 153A of the Act for the block period may make addition considering the incriminating material found for the year under consideration only which was collected during the search....

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Lifting of Corporate Veil in case of Public Limited Company by treating the same as Private Limited Company

Ajay Surendra Patel Vs. DCIT (Gujarat High Court)

It appears to the authority that there is a systematic design which rightly necessitated the authority to lift the corporate veil. It is also found by the authority that at the relevant point of time, the company was of one man show and substantially managed and controlled by petitioner and that conclusion is arrived at on the basis of ma...

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AO to issue show cause notice before making reference to TPO

Alpha Nipon Innovatives Ltd vs. DCIT (Gujarat High Court)

Rule. Mrs. Mauna N. Bhatt, learned advocate waives service of notice of rule on behalf of the respondents. In the facts and circumstances of the case and with the consent of the learned advocates appearing for the respective parties, the present petition is taken up for final hearing today....

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Reopening on mere audit party info without application of mind is invalid

Elecon Engineering Co Ltd Vs ACIT (Gujarat High Court)

The petitioner has challenged a notice dated 29.3.20 14 by which the respondent no.1 Assessing Officer sought to reopen the assessment of the petitioner for the assessment year 2009-­2010....

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Tractors cannot be treated as motor vehicle under Gujarat Entry / VAT Tax

Tractors and Farm Equipments ltd Vs State of Gujarat (Gujarat high Court at Ahmedabad)

Levy of Entry Tax at the rate of 15% treating Tractors as motor vehicles and/or at par with the motor vehicles is hereby held to be illegal, discriminatory, violative of Article 304(a) of the Constitution of India and against the object and purpose of the levy of Entry Tax under the Entry Tax Act....

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In absence of incriminating documents addition cannot be made based on Mere voluntary disclosure

Chetnaben J Shah vs. ITO (Gujarat High Court)

Learned Counsel for the respondent has taken this Court to Section 132(4) of the Act and contended that the statement made during the search is required to be accepted and the retraction was made after a very long time. The reasoning of the Assessing Officer was confirmed by the Tribunal and therefore, no interference is called for by t...

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No temporary enrollment for Advocate under Advocacy Act: Gujarat HC

Bar Council Of Gujarat & Another V/S Jalpa Pradeepbhai Desai & Another (Gujarat High Court)

An advocate who is in full time employment or full time salaried employee of any firm, corporation or concern could not be entitled to get certificate of practice as long as he/she continues to employment. A professional has to follow the rules and regulations in order to maintain the dignity and standards of legal profession....

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Reference made to TPO without passing a speaking order is invalid

M/s Alpha Nipon Innovatives Ltd Vs. CIT (Gujarat High Court At Ahmedabad)

HC held that a reference to TPO can be made only after passing a speaking odder disposing off objections raised by assessee. In the present case since, the reference was made without passing such a speaking order, the reference so made was invalid....

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