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Gujarat High Court

Detention of goods with vehicle despite no discrepancy in documents & good

February 26, 2020 1056 Views 0 comment Print

 It was submitted that in the absence of any discrepancy in the documents and the goods, it is not permissible for the respondents to confiscate either the vehicle or the goods.

No IGST liability on ocean freight and hence collected IGST will be refunded

February 26, 2020 3261 Views 0 comment Print

Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) In the given case the HC have reached to the conclusion that no tax is leviable under the Integrated Goods and Services Tax Act, 2017, on the ocean freight for the services provided by a person located in a non-taxable territory by way of […]

Mere suspicion cannot be the reason for detention of goods under GST

February 19, 2020 6249 Views 0 comment Print

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. For the purpose of invoking Section 130 of the Act at the very threshold, the authorities need to make out a very strong case.

Detention of goods only if it is found that intention was to evade payment of GST

February 19, 2020 2517 Views 0 comment Print

Hanuman Trading Co. 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 […]

Cenvat credit allowable on HR / MS Flats, MS Coils used for manufacturing ships

February 14, 2020 1257 Views 0 comment Print

Commissioner of Central Excise And Service Tax Vs Pipavav Shipyard Limited (Gujarat High Court) Conclusion:  Fabrication of various cranes which were embedded to earth could be treated as excisable goods within the meaning of Capital Goods defined in Cenvat Credit Rules, 2004 and the Cenvat Credit availed of Inputs/Capital Goods like HR Plates, MS Flats, […]

HC allows filing of GST TRAN-1; Not filed despite efforts due to Technical Glitches

February 14, 2020 1371 Views 0 comment Print

Nodal Officer Vs GST Council (Gujarat High Court) While in the case on hand, this Court has not declared the said Rule 117 of the CGST Rules, 2017 neither this Court has ordered the respondents to carry forward CENVAT credit beyond the time limit, but in the case on hand, the respondents herein had tried […]

Proceedings at SCN stage shall go ahead in accordance with law : HC

February 13, 2020 720 Views 0 comment Print

Global Knitfab Vs State Tax Officer (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 […]

Gujarat High Court stays recovery of interest on Gross GST Liability

February 13, 2020 6969 Views 0 comment Print

In this case in which GST department has raised Interest Demand on Gross GST without considering the Input Tax Credit, Hon’ble Court has directed the department to not to take any coercive steps for the purpose of recovery of the interest.

ITC cannot be denied on the ground of technical glitches: Gujarat HC

February 12, 2020 2430 Views 0 comment Print

Deendayal Port Trust Vs Union of India (Gujarat High Court) On one hand, when the ACES Portal did not permit the petitioner to file revised return for the second time due to which the claim of ITC to the tune of Rs.99,46,810/­ was not reflected in the last return in Form ST­3 filed by the […]

IGST refund cannot be denied for clerical error in shipping bills; HC ask dept to look into the issue

February 12, 2020 2367 Views 0 comment Print

उrievance of the writ-applicant is that -authorities are not responding to request with regard to the sanction of refund of IGST paid in connection with the goods exported,

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