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Gujarat High Court

Section 11 Exemption Can’t Be Denied for Delay in Filing Form 10B: Gujarat HC

February 1, 2026 402 Views 0 comment Print

The court held that late electronic filing of Form 10B is a procedural lapse that should not defeat charitable exemption. Orders rejecting condonation on technical grounds were quashed.

Section 11 Exemption Allowed Despite Delay in Form 10B Filing: Gujarat HC

February 1, 2026 513 Views 0 comment Print

The court held that late filing of Form 10B is a procedural lapse and does not automatically bar charitable exemption. Substantial compliance before appellate proceedings was found sufficient.

GST Appeal Delay Must Run from Online Refund Application Date, Not Certified Copies: Gujarat HC

February 1, 2026 360 Views 0 comment Print

The High Court set aside dismissal of GST refund appeals where delay was computed based on submission of certified copies. The ruling directs fresh adjudication on merits after hearing.

Gujarat HC Allows Refund of Protested GST Interest on Leasehold Assignment

February 1, 2026 540 Views 0 comment Print

Gujarat High Court holds refund claims maintainable for interest paid under protest on wrongly demanded GST for assignment of leasehold rights, quashing mechanical rejection via RFD-03.

Notice u/s. 148A(b) cannot be issued for verification: Gujarat High Court

January 31, 2026 849 Views 0 comment Print

Gujarat High Court held that notice under section 148A(b) cannot be issued for verification on the part of the Assessing Officer. Such verification is to be conducted u/s. 148A(a) prior to issuance of notice. Thus, order passed thereon is liable to be quashed and set aside.

Gujarat HC Allowed Section 80IA Deduction as Assessee Held to Be Infrastructure Developer

January 29, 2026 363 Views 0 comment Print

The Court held that findings of the appellate authorities clearly established the assessee’s role as a developer. With concurrent factual findings, the appeal was rejected for lack of any substantial legal question.

Income Tax Search Assessment Quashed as 60-Day Limitation Applied After Stay Was Vacated

January 29, 2026 570 Views 0 comment Print

The issue was whether a search-based assessment could be completed within 12 months after a Supreme Court ruling. The Court held that only the 60-day extended period under section 153B applied, rendering the assessment time-barred.

Gujarat HC Quashed Assessment for Failure to Issue Section 144C Draft Order

January 29, 2026 552 Views 0 comment Print

The High Court set aside reassessment orders holding that non-issuance of a mandatory draft assessment order under Section 144C invalidated the proceedings. It ruled that Section 263 remand does not override statutory safeguards.

Gujarat HC Quashed Reopening Due to Absence of Fresh Tangible Material

January 29, 2026 396 Views 0 comment Print

High Court set aside reassessment proceedings after finding that the notice was based only on existing records, with no new material to justify reopening of the completed scrutiny assessment.

Refund of ITC Barred After Amalgamation Once Scheme Is Approved: Gujarat HC

January 27, 2026 879 Views 0 comment Print

The Court held that post-amalgamation, the transferor company cannot claim GST refunds. Unutilised ITC must move only through the statutory transfer mechanism, not by refund.

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