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Gujarat High Court

Gujarat HC Directs GST department to Transfer Document to DGGI amid Investigation

August 30, 2023 1506 Views 0 comment Print

The judgment by the Gujarat High Court in this case reiterates the principle that parallel investigations on the same subject by different GST authorities can lead to legal complexities. By ordering the transfer of documents to a single investigating unit, the court ensures a streamlined process, emphasizing the need for coherence in legal proceedings.

Granting one day time to furnish reply against notice issued unjustified

August 28, 2023 3330 Views 0 comment Print

Gujarat High Court held that notice issued just two days before expiry of limitation and giving only one day time to provide the defence reply is unjustified as petitioner is not granted reasonable opportunity of being heard.

Mere rendering of service without transfer of technical knowledge is not Fees for Technical Service

August 26, 2023 888 Views 0 comment Print

Gujarat High Court held that mere rendering of services cannot be roped into Fees for Technical Service (FTS) unless the person utilizing the services is able to make use of the technical knowledge etc. Simple rendering of services is not sufficient to qualify as FTS.

Rejection of GST refund without assigning any reason: HC quashed order

August 18, 2023 1242 Views 0 comment Print

Gujarat High Court quashes order rejecting GST refund without reasons in Vodafone Mobile Services Limited vs Union of India case. Learn about the court’s decision and its implications.

Gujarat HC Quashes Invalid Income Tax Notice against Non-Existent Entity

August 13, 2023 1308 Views 0 comment Print

Learn about the Gujarat High Court’s decision in Anokhi Realty Private Limited vs ITO, where it quashed an income tax reassessment notice issued to a non-existent entity. Analysis of amalgamation’s impact on tax assessment.

Mere Failure to upload order copy on GSTN portal cannot prevent time-barred appeal

August 12, 2023 3354 Views 0 comment Print

The Gujarat High Court rules on appeal timing related to GSTN, stating that failure to upload the order copy cannot prevent a time-barred appeal.

Benefit under SVLDRS available as tax quantified and paid on or before 30.06.2019

August 10, 2023 360 Views 0 comment Print

Gujarat High Court held that benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) duly available as tax was quantified on or before 30.06.2019. In fact, tax liability was duly discharged by the petitioner and communicated to the department vide letter dated 21.05.2019.

Section 148 notice Issued In Name of Dead Person is Invalid

August 3, 2023 5463 Views 0 comment Print

Unravel Pravinchandra A Shah Vs Union of India case where a notice issued under Section 148 of Income Tax Act to a deceased person was ruled invalid by Gujarat HC

Rejection cannot be rejected on mere technicality if all substantive conditions satisfied

July 30, 2023 1380 Views 0 comment Print

Gujarat High Court held that rejection of refund claim of unutilized ITC used in making zero-rated supply of goods merely on the ground of technicality unjustified as all the substantive conditions are satisfied.

50 times higher assessment without considering request of petitioner for personal hearing: HC quashed Order

July 27, 2023 4422 Views 0 comment Print

50 times higher assessment without considering request of petitioner for personal hearing through video conferencing  – Gujarat HC quashed Order in case of Margita Infra

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