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Gujarat High Court

HC quashes order passed during Lokdown in breach of principles of natural justice

September 24, 2020 1740 Views 0 comment Print

Gobind Enterprises Through Gurjinder Singh Vs State of Gujarat (Gujarat High Court) At the outset, it is contended by the petitioner that order is passed on 27.3.2020, when the whole nation was under lock down due to Covid19 and order is served upon the petitioner on 17.6.2020 and therefore, there was no effective hearing and […]

HC order release of goods & Truck on payment of GST & Penalty alongwith furnishing of Bank Guarantee

September 23, 2020 1848 Views 0 comment Print

Arpit Parcel Service Vs State of Gujarat (Gujarat High Court) 1. Heard Mr. Ashish B. Desai, learned advocate for the petitioner and Mr. Dharmesh Devnani, learned AGP for respondent State. 2. By way of this petition, under Article 226 of the Constitution of India, the petitioner has challenged the impugned notice dated 08.08.2020 in Form […]

Works of Supply of Water, Disposal of Sewerage Considered as Charitable Activities & Eligible for Exemption u/s 11

September 21, 2020 1317 Views 0 comment Print

The issue under consideration the activity of preparation of development plans and to execute works in connection with supply of water, disposal of sewerage and provisions of other services is considered as “charitable activities” and eligible for exemption u/s 11?

HC upheld Tribunal decision of estimating Profit @2% of Total Credits

September 18, 2020 2556 Views 0 comment Print

PCIT Vs Shitalben Saurabh Vora (Gujarat High Court) The issue in the present case relates whether the amount deposited by the assessee in the form of cash/cheques represents the income of the assessee. Admittedly, there was huge deposit of cash/cheques in the bank account of the assessee. But on perusal of the bank statement, it […]

HC Grants Release of Detained Goods on payment of Tax & Penalty alongwith Bank Guarantee

September 10, 2020 939 Views 0 comment Print

Radha Tradelinks Pvt Ltd Vs State of Gujarat (Gujarat High Court) The present writ petition is filed for requesting to quash the detention and confiscation order passed under GST Act. The writ applicant, is engaged in the business of areca nut, spices, etc. A consignment of areca nut was transported from Karnataka so as to […]

GST: Section 67(6) application can be preferred only after appeal filing

September 9, 2020 2184 Views 0 comment Print

Jay Goa Traders Vs. State of Gujarat (Gujrat High Court) High Court held that application u/s 67(6) CGST Act, 2017  could have been preferred only after filing of the appeal under Section 107 of the Act. Be that as it may, if an appeal is filed, the authority concerned shall immediately take up the application […]

HC accepts WRIT on ITC blockage due to non-filing of GSTR 3B

September 4, 2020 4107 Views 0 comment Print

Kalpsutra Gujarat Vs Union of India (Gujarat High Court) HC issued notice to the department to understand from the respondents whether the omission on the part of the third party (Seller) in filing the GSTR-3B for the relevant period would be sufficient to block the Input Tax Credit of the writ applicant. We would also […]

HC directs UIDAI to Verify 2 different Aadhar Cards of Same Person with different DOB

August 27, 2020 4482 Views 0 comment Print

The issue under consideration is that the petitioner has two aadhaar card with two different date of birth. Because of which her status i.e whether she is a minor or major as per act is in question.

GST refund: HC instructs revenue to pass appropriate order

August 26, 2020 1368 Views 0 comment Print

Having heard learned counsels appearing for the parties, without any opinion on merits of the show cause notice dated 11.1.2020 issued by respondent authorities to the petitioner, at this stage, interest of justice would be served, if the concerned respondent authorities shall hear the petitioner on the issue of show cause notice and after hearing the petitioner, pass necessary orders.

HC set aside order in Form GST DRC-01A passed without sufficient Opportunity

August 20, 2020 5172 Views 0 comment Print

Formative Tex Fab Vs State of Gujarat (Gujarat High Court) Issue was without giving proper opportunity the officer had issued DRC-01A and attached the property. Hon’ble Court was pleased to Quash and set aside the Form DRC-01A. Full Text of the High Court Judgment 1. By this writ application under Article 226 of the Constitution […]

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