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Gujarat High Court

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

September 18, 2020 2619 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 966 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 2214 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 4206 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 4536 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 1383 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 5199 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 […]

HC disposes PIL to make Gujarat Real Estate Appellate Tribunal functional

August 20, 2020 1500 Views 0 comment Print

Nipun Praveen Singhvi Vs State of Gujarat (Gujarat High Court at Ahmedabad) Petitioner wants by means of this Public Interest Litigation that the Gujarat Real Estate Appellate Tribunal under the the Real Estate (Regulation and Development) Act, 2016 be constituted and made functional by appointment of Chairperson, Technical and Administrative Members and also be provided […]

Gujarat HC allows refund of IGST paid on ocean freight

August 18, 2020 1926 Views 0 comment Print

Bharat Oman Refineries Ltd. Vs Union of India (Gujarat High Court) Gujarat HC allows refund of IGST paid  on Services supplied by a person located in non- taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India. FULL TEXT OF […]

Competent authority can order provisional release of goods, pending confiscation proceedings: HC

August 18, 2020 1116 Views 0 comment Print

Pending the confiscation proceedings, if the writ applicants file an application under Section 67(6) of the Act for provisional release of the goods and the vehicle, if any, then the competent authority shall look into the same at the earliest and pass an appropriate order on such application within a period of fifteen days from the date of receipt of such application.

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