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Gujarat High Court

GST: No provisional attachment during pendency of section 71 proceedings

March 11, 2020 1410 Views 0 comment Print

Kanal Enterprise Vs State of Gujarat (Gujarat High Court) The short point falling for our consideration is whether the impugned order of attachment of property under Section 83 of the Act could have been passed on the ground of proceedings instituted under Section 71(1) of the Act. The plain reading of Section 83 of the […]

GST: Release goods and vehicle on payment of tax amount- HC

March 11, 2020 1194 Views 0 comment Print

Siddhbali Stone Gallery Vs State of Gujarat (Gujarat High Court) While issuing notice, this Court directed that the vehicle as well as the goods be released, upon payment of the tax, in terms of the impugned notice. The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along […]

No penalty for delayed GST Appeal Filing due to Lack of Clarity in Law

March 5, 2020 5313 Views 2 comments Print

The impugned order rejecting such appeal on the ground of limitation is not sustainable as the petitioner cannot be penalised for lack of clarity of the provision when the new law is enacted.

Bogus Billing & Fake E-Way Bills: HC sustains Provisional Bank Account attachment Order

March 5, 2020 3366 Views 0 comment Print

The issue under consideration is whether the order for provincial attachment of bank accounts against bogus billing and fake generation of E-­Way bills without the actual physical movement of goods is justified in law?

Form GST TRAN­1 Filing: Applicant should not suffer for technical glitches

March 4, 2020 744 Views 0 comment Print

The GSTN upon receipt of the proposal from the Nodal Officer shall look into the same and take an appropriate decision in accordance with law, more particularly, keeping in mind the writ­ applicant should not suffer on account of any technical glitches.

HC cannot invoke Section 130 at threshold unless applicant shows why it deserves to be discharged

March 4, 2020 771 Views 0 comment Print

Kohitoor Transport LLP Vs State of Gujarat (Gujarat High Court) The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of […]

Section 130 of GST cannot invoked straightway merely on suspicion

March 4, 2020 2499 Views 0 comment Print

A T Trading Company Vs State of Gujarat (Gujarat High Court) In any circumstances, the authorities concerned cannot invoke Section 130 of the Act at the threshold, I.e., at the stage of detention and seizure. What we are trying to convey is that for the purpose of invoking Section 130 of the Act at the […]

TP: Appropriateness of one or other method cannot be gone into Section 260A appeal

March 3, 2020 3318 Views 0 comment Print

PCIT Vs. Gulbrandsen Chemicals Pvt. Ltd. (Gujarat High Court) The Tribunal has taken into consideration the voluminous documentary evidence on record for the purpose of coming to the conclusion of adoption of TNMM by the assessee as the Most Appropriate Method of arriving at ALP. The Delhi High Court in the case of Make My […]

Import of capital goods under EPCG Scheme was exempt from additional duty

March 2, 2020 20196 Views 1 comment Print

Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) Chapter 5 of the Foreign Trade Policy, 2015-2020 makes provision for the EPCG Scheme, which is an incentive scheme. The incentive given is that the importer holding a valid authorisation for capital goods covered under the EPCG Scheme would be exempted from payment of […]

Redemption Fine is covered under SVLDRS

February 27, 2020 2151 Views 0 comment Print

Messrs Synpol Products Pvt. Ltd. Vs. Union of India (Gujarat High Court) When the respondents had issued show cause notice demanding excise duty together with confiscation of the goods in terms of Rule 25 (a) and (d) of the Central Excise Rules, 2002 and redemption fine in lieu of confiscation under Rule-25 as goods were […]

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