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Goods in transit cannot be confiscated for Under-valuation & Wrong Route

January 6, 2022 8724 Views 0 comment Print

Gujarat High Court quashed the Confiscation Notice GST MOV-10 and observed that goods in transit cannot be confiscated on the grounds of Under-valuation and Wrong Route.

Properties/Electronic Credit Ledger of assesse cannot remain provisionally attached/blocked after expiry of 1 year

January 6, 2022 1176 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs State of Gujarat (Gujarat High Court) The orders of provisional attachment under challenge could be said to have been outlived statutory right considering the fact that the orders impugned are dated 23.07.2019 and it would cease to operate on expiry of period of one year as prescribed under Section-83. The attention of […]

Bogus billing allegation in SCN should be supported by some documentary evidences

January 6, 2022 9123 Views 0 comment Print

Vageesh Umesh Jaiswal Vs State of Gujarat (Gujarat High Court) The whole object of issuing a show-cause notice is to make the recipient of the notice understand what the authority is trying to convey and what are the nature of the allegations. In the case on hand, when there are allegations of bogus billing, it […]

Writ filed for no penalty & Interest till Income Tax Portal becomes glitch-free

January 6, 2022 8991 Views 0 comment Print

Update on 06.01.2022 at 11 PM Matter was listed today for hearing. Advocate (Dr.) Avinash Poddar along with Advocate Nipun Singhvi appeared in the matter and argued the matter. On hearing Dr. Poddar, Hon’ble Court was pleased to issued notice to Union and CBDT. Now the matter is scheduled to get listed for further hearing […]

Indiscriminate Issue of SCN by CGST dept Surat to textile processors under Service Tax Law- HC issues Notice

January 6, 2022 2112 Views 0 comment Print

South Gujarat Textile Processors Association Vs Union of India (Gujarat High Court) 1. The draft amendment, as prayed for, is allowed. The necessary incorporation shall be carried out at the earliest. 2. We have heard Mr. S.S. Iyer, the learned counsel appearing for the writ applicants and Mr. Lodha, the learned standing counsel appearing for […]

Pre-consultation notice not achieve its object if sufficient time not given to Assessee

January 5, 2022 804 Views 0 comment Print

Our attention has been drawn to a recent pronouncement of this High Court in the case of Dharamshil Agencies vs. Union of India, Special Civil Application No.8255 of 2019 decided on 23.07.2021 wherein a Co-ordinate Bench of this Court observed that the exercise of pre-consultation should not be a mere eye-wash. Pre-consulation should be meaningful.

Non-submission of receipt of electricity bill is not a ground of rejection of application for GST registration

January 5, 2022 28428 Views 3 comments Print

HC set aside the rejection of application of GST registration on the ground that, if for the purpose of proof of business ownership there is an option to furnish either house tax receipts or electricity bill receipts, then application cannot be rejected on the basis of non-compliance if receipt of electricity bills are not furnished.

Cash credit account cannot be provisionally attached- HC issues contempt notice to Principal Commissioner

January 5, 2022 4734 Views 0 comment Print

Manish Scrap Traders Vs Principal Commissioner (Gujarat High Court) Way back in the year 2016, in the case of Kaneria Granito Ltd. vs. Assistant Commissioner of Income Tax, Special Civil Application No.14497 of 2014 decided on 27.06.2016, a Co-ordinate Bench of this Court took the view that a cash credit account cannot be provisionally attached. […]

Bail granted to person accused of misappropriation of Rs.1800 cr

January 5, 2022 4401 Views 0 comment Print

Bail was allowed to accused person of committing fraud, misappropriation of money to the tune of Rs.1800 crores as investigation had not been completed despite the filing of the complaint on 30.10.2021.

HC directs closure of Cheque Bounce Case despite payment of fine by Convict Directly to Complainant

January 4, 2022 2682 Views 0 comment Print

But if the Court permits payment of fine as compensation to the complainant directly, it enables the accused to pay the entire fine as compensation directly to the complainant, as is the case with the sentence in C.C.785/2003, the Magistrate cannot insist that fine is to be paid in Court and it cannot be paid directly to the complainant and is to be paid to the complainant only after making necessary entries in Form No.20.

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