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Gujarat High Court

GST: HC accepts Plea Challenging Provisions regarding Deemed Value of Land Instead of Actual Cost

January 27, 2021 2199 Views 0 comment Print

The subject matter of challenge in the present writ application is to the Entry No.3(if) of the Notification No.11/217 -Central Tax (Rate) dated 28th June, 217 read with Para-2 of the said notification. It appears that the writ applicant has entered into an agreement with a developer, i.e., the fourth respondent herein with respect to a purchase of plot of land

Delay at the end of the ARA may frustrate the investigation: HC

January 27, 2021 603 Views 0 comment Print

M/S Sdb Diamond Bourse Vs Union Of India (Gujarat High Court) Mr.Vyas is right to a certain extent that the issues raised by the writ­ applicants before the ARA have been gone into by the Commissioner in the Order in Original. In other words, the Authority, in its order dated 16th July 2020, has adjudicated […]

GST registration cancellation order cannot be passed without issuing SCN

January 27, 2021 1179 Views 0 comment Print

Syed Jafar Abbas Vs Commercial Tax Officer (High Court Gujarat) The subject matter of challenge in the present writ application is to the impugned order dated 04.06.2020 cancelling the GST registration of the writ applicant w.e.f. 24.10.2018. We need not delve much into the facts of this litigation as the order impugned deserves to be […]

Writ filed against constitutional validity of Section 16(4) of GST Act, 2017

January 27, 2021 11955 Views 0 comment Print

Surat Mercantile Association & 5 Other(S) Vs Union Of India & 2 Other(S) (Gujarat High Court) 1. We have heard Mr. Vinay Shraff, the learned counsel assisted by Mr. Parth Shah, the learned counsel appearing for the writ applicants. 2. The subject matter of challenge in the present writ application is to the constitutional validity […]

No rejection of SVLDRS application if opportunity of hearing was not provided to assessee

January 27, 2021 1464 Views 0 comment Print

Since in statement in Form SVLDRS­2, no specific notice for affording the opportunity of hearing was given to assessee with regard to variance of quantified amount, therefore, the officer was not justified in rejecting the application under Form SVLDRS­2A stating inter alia that, the application was not eligible under the category of investigation, enquiry or audit.

GST Provisional Section 83 Attachment cannot be invoked if no pending proceedings

January 27, 2021 1203 Views 0 comment Print

Piyush Shamjibhai Vasoya Vs Union of India (Gujarat High Court) Indisputably, in the case on hand, no proceedings under Section 62 or Section­ 63 or Section ­64 or Section ­67 or Section ­73 or Section ­74 of the Act have been initiated or pending against the writ ­applicant. In the absence of pendency of any […]

Section 50- Interest on Net Liability- Gujarat HC Issues Notice to Govt

January 21, 2021 3435 Views 0 comment Print

Flair Writing Industries Ltd. Vs Union of India (Gujarat High Court) The Gujarat High Court issued the notice to Government over constitutional validity of the proviso to Section 50 of CGST Act, 2017. The subject matter of challenge in the present litigation is to the constitutional validity of the proviso to Section 50 of the […]

Concluded assessment can be reopened if information disclosed earlier was bogus

January 20, 2021 990 Views 0 comment Print

Mehrunnisa Mohamed Fazal Maniar Vs ITO (Gujrat High Court) The case on hand is not a case where the Income Tax Officer seeks to draw any fresh inference which could have been raised at the time of the original assessment on the basis of the materials placed before him by the assessee relating to the […]

Take no Coercive steps for Tax Recovery till disposal of stay application: HC

January 20, 2021 5286 Views 0 comment Print

Mr. Tushar Hemani, the learned counsel appearing for the writ applicant submits that the stay application has also been filed way back in the July, 2020.

Cash credit account cannot be attached provisionally under GST

January 18, 2021 3645 Views 0 comment Print

Cash credit account cannot be attached provisionally by virtue of power under Section 83 of the Act. We are of the view that the provisional attachment of the cash credit account bearing No.510044021166 maintained with the Kotak Bank is not sustainable in law.

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