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Gujarat High Court

GST Section 74 Order Not Entertained in Writ Due to Alternate Appeal Remedy Under Section 107: Gujarat HC

February 5, 2026 597 Views 0 comment Print

Relying on settled Supreme Court precedent, the Court held that a writ petition is not maintainable where the GST Act provides a complete appellate framework. The petitioner was relegated to pursue the remedy under Section 107.

GST Order Quashed as date, time, or venue for personal hearing was not communicated

February 5, 2026 672 Views 0 comment Print

The High Court set aside an ITC reversal demand after finding that no date, time, or venue for personal hearing was communicated. The ruling underscores that statutory hearing requirements must be strictly followed before confirming GST demands.

GST Refund Denied Due to Portal Glitch: Technical Grounds Rejected by Gujarat HC

February 4, 2026 768 Views 0 comment Print

The court held that a refund claim cannot be denied solely due to technical issues on the GST portal when substantive conditions are met. Authorities were directed to process the refund on merits.

Gujarat HC Quashes Section 129 GST order for Delayed Upload & Lack of Hearing

February 4, 2026 1494 Views 0 comment Print

The Court set aside the detention order and notice after finding they were not issued and communicated within the mandatory seven-day period under Section 129, rendering the action unsustainable.

Concessional Section 115BAA Tax cannot be Denied Solely for Procedural Lapse in Form Filing

February 3, 2026 657 Views 0 comment Print

The Court held that failure to upload the prescribed form cannot defeat a tax benefit when the option was clearly exercised in the return. Procedural lapses were directed to be regularised under Section 119(2)(b).

Gujarat HC Condoned Delay in Filing Mandatory Form 10-ID Due to Portal Glitches

February 3, 2026 336 Views 0 comment Print

The court held that technical difficulties justified condonation of delay in filing the prescribed form for concessional tax. Procedural lapses could not override a valid claim made in the return.

Writ Dismissed for Misleading Court on Withdrawal of Prior GST Challenge

February 2, 2026 297 Views 0 comment Print

The Court held that the petitioner suppressed the fact of an earlier withdrawn writ challenging the same order. The petition was dismissed with costs and limited relief granted only for statutory application.

Gujarat HC Quashed Income Tax Assessment Order for Ignoring Reply to SCN

February 2, 2026 819 Views 0 comment Print

The court examined an assessment passed without considering the taxpayers detailed reply. It held that non-consideration of the reply violates natural justice, warranting remand.

GST Refund Directed as Deficiency Memo on leasehold transfer Found Unsustainable

February 2, 2026 438 Views 0 comment Print

The court addressed denial of a GST refund arising from repeated deficiency memos on a leasehold transfer. It held that the refund must be processed promptly upon application, reinforcing accountability of tax authorities.

Exemption to Gujarat Trust Cannot Be Denied for Late Form 10 Filing: Gujarat HC

February 1, 2026 339 Views 0 comment Print

The court ruled that delayed filing of Form 10 for income accumulation cannot defeat exemption when substantive conditions are met. Rejection of condonation was held unsustainable.

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