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Gujarat High Court

File section 67(6) Application for provisional release of vehicle: HC

July 24, 2020 1320 Views 0 comment Print

Kiran  Choubey W/O Shri Narendra Choubey Vs State of Gujarat (Gujarat High Court) It appears that final order in Form MOV-11 has been passed. Thus, the truck has been ordered to be confiscated under the provisions of Section 130 of the CGST Act 2017. As a final order of confiscation has been passed and the […]

HC accepts writ despite receipt of Bid by GST department for Sale of goods & vehicle

July 20, 2020 756 Views 0 comment Print

Sawariya Traders Vs Sate of Gujarat (Gujarat High Court) In this case after the final order of confiscation of the goods and the conveyance was passed, few more developments took place. The authority concerned decided to put the goods and the vehicle to public auction for the purpose of realising the amount towards tax, penalty […]

HC quashes SVLDRS-3 communication during Lokdown without proper hearing

July 6, 2020 1305 Views 0 comment Print

HC granted Fresh Hearing for the Taxpayer who are Unable to Attend the Hearing due to Lockdown

HC rejects writ challenging legal validity of CGST Rule 142(1)(a)

June 22, 2020 5979 Views 0 comment Print

Mahavir Enterprise Vs Assistant Commissioner Of State Tax (Gujarat High Court) (Gujarat High Court) Therefore, to sum up, the High Court can interfere under Article 226 of the Constitution of India against a show cause notice where the same is issued by an authority in exercise of the power which is absent; the facts does […]

Detained Tobaco Product Released on Payment of GST with Penalty

June 15, 2020 1545 Views 0 comment Print

Detained Tobaco Product Released on Payment of Tax along with Penalty and after providing Bank Guarantee of Equal to the value of goods detained.

Colgate Palmolive: Detained goods released on deposit of Tax & 10% penalty

June 11, 2020 1182 Views 0 comment Print

The issue under consideration is regarding the show cause notice issued by GST department to Colgate Palmolive India Ltd for detention of goods.

HC quashes Ex-Parte order passed without hearing petitioner during Covid-19 Pandemic

June 8, 2020 6123 Views 0 comment Print

It is an admitted position that the impugned order dated 14.5.2020 is passed without hearing the petitioner and only on the short ground, the impugned order dated 14.5.2020 is hereby quashed and set aside and the authorities concerned shall pass a fresh order on merits without being influenced by the order impugned after giving an opportunity of hearing to the petitioner.

HC not to interfere despite Writ application filed, when order in form GST MOV 11 already been passed

May 11, 2020 1158 Views 0 comment Print

Shiv Agro Vs State of Gujarat (Gujarat High Court) For final decision regarding confiscation of goods and conveyance under GST, the applicant has to file statutory appeal under Section 107 of the G.S.T. Act before the appellate authority. Filing writ petition before court will not able to solve the issue since they will not interfere […]

Section 84A of Gujarat VAT Act is declared as ultra vires the Constitution of India

April 16, 2020 6744 Views 0 comment Print

Section 84A of the Gujarat VAT Act is declared as ultra vires and beyond the legislative competence of the State Legislature under Entry 54 of List II of the Seventh Schedule to the Constitution of India and is also declared to be violative of Article 14 of the Constitution of India on the ground of being manifestly arbitrary, unreasonable and oppressive.

interest chargeable under Interest Act irrespective of object of Company

March 26, 2020 756 Views 0 comment Print

Asman investments Ltd. Vs DCIT (Gujarat High Court) Interest as per Interest Act will be charged on company irrespective of its main object whether it is Finance or not In the given case the appellant assessee filed return of chargeable interest on 29.1.2002 declaring chargeable interest at ‘Nil’. In the statement attached to the return […]

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