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Advocate Apurva N. Mehta

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GVAT: C Form cannot be disallowed only on the basis of data available on tinxsys web site

Goods and Services Tax : In a recent decision dated 22.09.2015, rendered in the case of Jyoti CNC Automation Ltd. v/s the State of Gujarat, the Gujarat Val...

September 22, 2015 10517 Views 0 comment Print

Revision of assessment order solely at the behest of A. G. Audit objections not sustainable

Goods and Services Tax : In a recent decision dated 08.10.2014, rendered in the case of M/s. Mahavir Traders v/s the State of Gujarat, the Gujarat Value Ad...

November 10, 2014 1345 Views 0 comment Print


Latest Judiciary


VAT not liable on Material used in providing Pest Control Service

Income Tax : In a recent judgment dated 22.09.2016, rendered in the case of State of Gujarat v/s Bharat Pest Control, the Gujarat High Court ha...

October 6, 2016 3859 Views 0 comment Print

No penalty for mere reason that claims made under bonafide belief are found unsustainable in law

Goods and Services Tax : The Gujarat Value Added Tax Tribunal in the case of Star Industries v/s The State of Gujarat (Second Appeal No. 347 of 2013 decide...

September 2, 2014 1594 Views 0 comment Print

No absolute right of an Advocate to have appearance in any Court – Gujarat HC

Corporate Law : The High Court of Gujarat in a Writ Petition in the form of Public Interest Litigation between Vasava Narpat Sinh, Advocate v/s Re...

August 11, 2014 5073 Views 0 comment Print

Gujarat Sales Tax – Interest admissible on refund arising in appeal proceedings

Goods and Services Tax : The Gujarat Value Added Tax Tribunal in the case of Jupiter Engineers Vs. The State of Gujrat has, in the context of the Gujarat S...

August 4, 2014 3191 Views 0 comment Print

Tribunal cannot decide an appeal on merits when first appellate authority had dismissed the appeal for want of pre-deposit – Gujarat High Court

Income Tax : In this matter, the Hon ’ble Gujarat High Court quashed and set aside the judgment of the Gujarat Value Added Tax Tribunal holdi...

July 9, 2014 2578 Views 0 comment Print


Latest Posts in Advocate Apurva N. Mehta

VAT not liable on Material used in providing Pest Control Service

October 6, 2016 3859 Views 0 comment Print

In a recent judgment dated 22.09.2016, rendered in the case of State of Gujarat v/s Bharat Pest Control, the Gujarat High Court has held that pesticides and chemicals used in pest control service cannot be subjected to value added tax.

GVAT: C Form cannot be disallowed only on the basis of data available on tinxsys web site

September 22, 2015 10517 Views 0 comment Print

In a recent decision dated 22.09.2015, rendered in the case of Jyoti CNC Automation Ltd. v/s the State of Gujarat, the Gujarat Value Added Tax Tribunal has held that C Form cannot be disallowed merely on the basis of data available on tinxsys [tax information exchange system] website without investigating the authenticity of the form.

Revision of assessment order solely at the behest of A. G. Audit objections not sustainable

November 10, 2014 1345 Views 0 comment Print

In a recent decision dated 08.10.2014, rendered in the case of M/s. Mahavir Traders v/s the State of Gujarat, the Gujarat Value Added Tax Tribunal has held that revision of assessment order solely at the behest of A. G. Audit objections is not sustainable. While striking down the revision order, the Tribunal held as under :

No penalty for mere reason that claims made under bonafide belief are found unsustainable in law

September 2, 2014 1594 Views 0 comment Print

The Gujarat Value Added Tax Tribunal in the case of Star Industries v/s The State of Gujarat (Second Appeal No. 347 of 2013 decided on 02.09.2014) has, in the context of penalty u/s 45(2)(c) of the Gujarat Sales Tax Act, 1969, held that where only under bonafide belief the appellant had failed to pay purchase tax u/s 15B on the transactions of branch transfer

No absolute right of an Advocate to have appearance in any Court – Gujarat HC

August 11, 2014 5073 Views 0 comment Print

The High Court of Gujarat in a Writ Petition in the form of Public Interest Litigation between Vasava Narpat Sinh, Advocate v/s Registrar, Gujarat High Court & Ors has held that an Advocate has no absolute right to have appearance in any Court in India even after enforcement of Section 30 (Right of advocates to practice) of the Advocates Act, 1961 with effect from 2011.

Gujarat Sales Tax – Interest admissible on refund arising in appeal proceedings

August 4, 2014 3191 Views 0 comment Print

The Gujarat Value Added Tax Tribunal in the case of Jupiter Engineers Vs. The State of Gujrat has, in the context of the Gujarat Sales Tax Act, 1969, held that a dealer is entitled to interest on refund even where such refund arises in appeal proceedings.

Tribunal cannot decide an appeal on merits when first appellate authority had dismissed the appeal for want of pre-deposit – Gujarat High Court

July 9, 2014 2578 Views 0 comment Print

In this matter, the Hon ’ble Gujarat High Court quashed and set aside the judgment of the Gujarat Value Added Tax Tribunal holding that the Tribunal was not justified in deciding the appeal on merits of the adjudication order when the appeal before it was against the order passed by the first appellate authority dismissing the appeal on non-deposit of pre-deposit

Penalty cannot be imposed for the first time in Revision proceedings – Gujarat VAT Tribunal

February 19, 2014 4815 Views 0 comment Print

Full bench of the Gujarat Value Added Tax Tribunal in the case of ‘Kunal Structure (India) Pvt. Ltd. V/S The State Of Gujarat’ held that in view of provisions contained in Sec. 75 of the Gujarat Value Added Tax Act, 2003, penalty cannot be imposed for the first time in revision.

GVAT : Penalty without issuing show cause notice cannot sustain – HC

January 23, 2014 5045 Views 0 comment Print

In this matter, the Hon ’ble Gujarat High Court has remanded the issue of not allowing input tax credit on purchases affected through retail invoices to Tribunal for fresh adjudication. For penalty imposed u/s 34 (12) of The GVAT Act, 2003

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