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Gujarat High Court

Gujarat HC rejects TAR/ITR due date date extension writ applications

January 13, 2021 17526 Views 0 comment Print

At this stage, we may only observe that the CBDT may consider issuing an appropriate circular taking a lenient view as regards the consequences of late filing of the Tax Audit Reports as provided under Section 271B of the Act. We leave it to the better discretion of the CBDT in this regard.

Consider extension of Income Tax Due dates: Gujarat HC to UOI

January 8, 2021 26022 Views 0 comment Print

All Gujarat Federation of Tax Consultants Vs Union of India (Gujarat High Court) High Court held that respondent No.1 – Union of India, Ministry of Finance should immediately look into the issue, more particularly, the representation dated 12th October 2020 at Annexure : I of the paper book (page 108) and take an appropriate decision […]

Law of Reopening of assessment under Section 147 of Income Tax Act 1961

January 6, 2021 6387 Views 0 comment Print

Kantibhai Dharamshibhai Narola Vs ACIT (Gujarat High Court) (i) The Court should be guided by the reasons recorded for the reassessment and not by the reasons or explanation given by the Assessing Officer at a later stage in respect of the notice of reassessment. To put it in other words, having regard to the entire […]

GST: Stop mechanical & Casual bank account attachment: HC

January 4, 2021 3612 Views 0 comment Print

We have noticed over a period of time that in each and every matter in which proceedings under Section 67 of the Act are initiated, an order of provisional attachment of the bank accounts under Section 83 of the Act would follow.

ITC under GST of ex-Director cannot be blocked to recover VAT Dues of Company

January 4, 2021 1782 Views 0 comment Print

Nipun A Bhagat Vs State of Gujarat (Gujarat High Court) Whether Rule 86A of the CGST Rules, 2017 can be exercise for the purpose of blocking the input tax credit available in the credit ledger account of the writ applicant for the purpose of recovering the dues of Dolphin Metals (India) Limited. At the outset, […]

Extension of Due date for TAR & IT Returns- Gujarat HC fixes next hearing on 31.12.2020

December 30, 2020 62034 Views 9 comments Print

Gujarat Federation of Tax Consultants Vs Union of India (Gujarat High Court) Gujarat High Court heard petition for extension of due dates in TAR and ITR for A Y 2020-21 on today. Court issued notice and fix next hearing on tomorrow. FULL TEXT OF THE HIGH COURT ORDER/JUDGEMENT Heard Mr. S. N. Soparkar, learned Senior […]

HC explains invocation of Rule 86A for blocking ITC

December 24, 2020 11124 Views 0 comment Print

S. S. Industries Vs Union of India (Guajrat High Court) I) The invocation of Rule 86A of the Rules for the purpose of blocking the input tax credit may be justified if the concerned authority or any other authority, empowered in law, is of the prima facie opinion based on some cogent materials that the […]

Gujarat HC directs Central Govt to ‘re-Look’ into Definition of ‘Textile’

December 24, 2020 1431 Views 0 comment Print

CTM Technical Textiles Ltd Vs Union of India (Gujarat High Court) Both the goods in question are being manufactured by the writ-applicants by weaving; it being warp knitting in case of the Agro Shade Net and weaving by warp and weft in case of the Geo Grid fabrics. Both these commodities are in the nature […]

Refund amount collected as Stamp Duty on Bills of Entry filed for Import: HC

December 23, 2020 6147 Views 0 comment Print

Ramratna Wires Ltd. Vs State of Gujarat (Gujarat High Court) The issue raised in this writ application as regards the legality and validity of collecting the stamp duty on the Bills of Entry is no longer res-integra in view of the pronouncement of this Court in the case of State of Gujarat and others Vs. […]

Section 11 exemption cannot be denied merely for non filing of Form no. 10

December 22, 2020 8373 Views 0 comment Print

Trust For Reaching The Unreached Through Trustee Vs CIT (Exemptions) (Gujarat High Court) The writ-applicant is a public charitable trust. The writ-applicant seeks to challenge the order passed by the respondent dated 26th August 2019 under Section 119(2)(b) of the Income Tax Act, 1961, rejecting the application filed by the writ-applicant for condonation of delay […]

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