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Gujarat High Court

Denial of refund of IGST to Advance-Authorisation holders is valid but operates prospectively w.e.f October 23, 2017

October 20, 2020 16668 Views 2 comments Print

The Hon’ble HC, Gujarat in Cosmo Films India v. Union of India & Ors. [R/SLP No. 15833/2018 dated October 20, 2020] upheld the validity of rule 96(10) of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) and rules that notification is required to be made applicable prospectively only w.e.f. October 23, 2017 and […]

GST Commissioner can invoke ‘arrest’ power prior to Completion of Assessment: HC

October 20, 2020 12687 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs State of Gujarat (Gujarat High Court) (1) Q. whether the power to arrest as provided under section 69 read with section 132 of the CGST Act can be invoked by the Commissioner only upon completion of the adjudication process of finalising the assessment and determination of the liability as per the […]

CAG cannot carry compulsory service tax audit of private agencies after GST

October 17, 2020 2274 Views 0 comment Print

The High Court in this regard stayed CAG audit of a private limited company providing warehouse and logistical support services in SEZ. CAG was directed not to carry out any further Service Tax audit of petitioner.

HC Rejects Anticipatory Bail to GST Inspector allegedly Involved in Bribery Case

October 14, 2020 2820 Views 0 comment Print

Petitioner filed this petition to seek anticipatory bail in case of his arrest in connection with the FIR registered for the offense punishable under Sections 12, 7(a), and 13(2) of the Prevention of Corruption Act, 1988.

GST: HC Directed to Released Provisional Attachment of 5 Bank Accounts

October 12, 2020 2001 Views 0 comment Print

HC are of the view that none of the above referred conditions are fulfilled in the present case. In the result, this writ application stands allowed. The order of provisional attachment of the five bank accounts of the writ applicant under Section 83 of the Act is quashed and set aside. 

Goods & Vehicle cannot be ordered to release as confiscation proceedings is pending: HC

October 5, 2020 1626 Views 0 comment Print

Rajesh Kiran D Vs. Joint Commissioner Of State Tax (Gujarat High Court) The matter, as on date, is at the stage of Form GST MOV-10. Thus, the writ applicant has been called upon to show-cause as to why the goods and the vehicle should not be confiscated under Section 130 of the Act. The writ […]

Provisional attachment order passed by mechanical exercise of power is not sustainable

October 1, 2020 759 Views 0 comment Print

Explore the legal implications of provisional property attachment in GST inquiry. Gujarat High Court decision on GST DRC-22 order. Expert analysis by Mr. Avinash Podar.

Section 83 powers cannot be exercised without forming an opinion based on relevant material

October 1, 2020 1236 Views 0 comment Print

Meenakshi Trendz through Its Partner Ratan Kumar Saraf Vs State of Gujarat (Gujarat High Court) Section 83 talks about the opinion which is necessary to be formed for the purpose of protecting the interest of the government revenue. Any opinion of the authority to be formed is not subject to objective test. The language leaves […]

GST- Section 83- HC Quashes Provisional Attachment of immovable property

October 1, 2020 2685 Views 0 comment Print

Khushi Sarees Vs State of Gujarat (Gujarat High Court) Section 83 talks about the opinion which is necessary to be formed for the purpose of protecting the interest of the government revenue. Any opinion of the authority to be formed is not subject to objective test. The language leaves no room for the relevance of an official examination as […]

GST registration cancellation order based on Vague SCN not sustainable

September 28, 2020 2661 Views 0 comment Print

Mahadev Trading Company Vs Union of India (Gujarat High Court) Perusal of the show cause notice indicates that to such show cause notice no response can be given by any assessee. The show cause notice is as vague as possible and does not refer to any particular facts much less point out so as to […]

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