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Gujarat High Court

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

October 14, 2020 2847 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 2055 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 1668 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 828 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 1260 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 2715 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 2724 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 […]

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

September 24, 2020 1782 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 1878 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 1338 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?

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