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Gujarat High Court

Denial of IGST refund for availing Drawback: HC directs Commissioner to dispose IGST refund claim

February 17, 2021 1650 Views 0 comment Print

Asian Organo Industries Vs Principal Commissioner of Customs (High Court Gujarat) The writ applicant claims that it is eligible for the IGST refund claim on the basis of the shipping bills i.e. on the export of goods. According to the writ applicant, the shipping bills filed by an exporter of the goods are deemed to […]

HC directs DGFT Surat decide on removal of IEC code from denial entity list

February 16, 2021 2484 Views 0 comment Print

Gujarat HC directs DGFT to address petitioner’s plea on Import Export Code (IEC) denial. Full text of the judgment included.

Forceful Recovery during GST search- HC issues guidelines (Must Read)

February 16, 2021 11313 Views 1 comment Print

No recovery in any mode by cheque, cash, e-payment or adjustment of input tax credit should be made at the time of search/inspection proceedings under Section 67 of the Central/Gujarat Goods and Services Tax Act, 2017 under any circumstances.

Alleged Harassment by GST Authorities – Taxpayer tried to Commit Suicide- HC issues Notices

February 15, 2021 5100 Views 1 comment Print

This is one more matter amongst many other matters that have come up before us over a period of time wherein serious allegations of threats, pressure, coercion, etc. have been levelled against the respondents Nos.3, 4 and 5 respectively. It is pointed out by Dr. Poddar, the learned counsel appearing for the writ applicants that the harassment was to such an extent that the writ applicant No.2 attempted to commit suicide

HC Grants bail to person allegedly involved in Rs. 9 Cr GST Evasion

February 11, 2021 696 Views 0 comment Print

It is submitted that it is a case of total evasion of GST and disposing the manufactured goods without showing any record about its manufacturing activity and clandestine purchase of such products without paying of any GST has resulted in evasion to the tune of Rs. 9 Crores and odd

GST Evasion Case: HC Grants Conditional Regular Bail

February 11, 2021 1041 Views 0 comment Print

The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

Forced GST Payment, undue harassment, coercion- HC issues Notice

February 10, 2021 4389 Views 0 comment Print

That the officers conducting search proceedings also forced the management/directors of the company to make the payment of tax, interest and penalty at midnight. In fact the officers themselves have created the payment details in the system and the management was asked to make the payment.

GST: HC notice to UOI in alleged harassment & physical violence case

February 9, 2021 1557 Views 1 comment Print

This is one more matter wherein serious allegations of harassment, coercion, threats, etc. have been alleged against the respondents Nos.4 and 5 respectively herein. It appears that the search was undertaken under Section 67 of the Act at the premises of the writ applicant, and in the course of the search, the respondents Nos.4 and 5 are alleged to have caused undue harassment to the writ applicant. It is alleged that the writ applicant was forced and threatened to transfer an amount of Rs.2.68 Crore by way of the DRC – 03.

HC directs GSTN to help in transfer of ITC

February 8, 2021 1017 Views 0 comment Print

Netrika Trends Vs Deputy Commissioner Appeals (Gujarat High Court) HC disposes writ­ application with a direction to the respondents that once the writ­ applicant comes forward with a request for transfer of the Input Tax Credit in accordance with the provisions contained in Section ­18 of the Act, the request shall be immediately look into […]

HC notice to GST Authorities for allegedly pressurising to transfer Rs.9 Cr to department account

February 5, 2021 1215 Views 0 comment Print

Assesssee alleged to have coerced and pressurized the writ applicant to transfer an amount of almost Rs. 9 Crore to the account of the department is shocking.

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