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Gujarat High Court

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

February 19, 2020 2550 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 1290 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 1404 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 756 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 6984 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 2463 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 2391 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,

Validity of notice issued in Form GST-MOV-10 under section 129(6)

February 11, 2020 7125 Views 0 comment Print

ABB India Ltd. Vs Union of India (Gujarat High Court) The whole basis of issuing Form GST-MOV-10 appears to be erroneous in law. The authority has thought fit to proceed against the applicant by way of Form GST-MOV-10, on the premise of section 129(6) of the Act, 2017. Section 129(6) of the Act, 2017 reads […]

No Addition u/s 41(1) Merely Because Liability Outstanding for Long Period

February 10, 2020 1704 Views 0 comment Print

PCIT Vs Adani Agro (P.) Ltd. (Gujarat High Court) The issue under consideration is whether the addition made by AO under Section 41(1) of the Act on account of cessation of liability is justified in law? High Court states that, once assessee had continued to show admitted amounts as liabilities in its balance sheet, the […]

GST authorities cannot arbitrarily confiscate Godown of dealer

February 6, 2020 1563 Views 0 comment Print

In the given case, the writ applicant claims to be an agriculturist. It is his case that he owns a godown bearing No.14, situated at the Marketing Yard at Gondal, District: Rajkot.

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