Follow Us:

Gujarat High Court

Mere surplus does not mean that assessee exists for profit

September 27, 2019 2457 Views 0 comment Print

Director of Income Tax (E) Vs Gujarat Cricket Association (Gujarat High Court) Merely because the Association puts up tickets of the international cricket matches for sale and earns some profit out of the same, it would not lose its character of having been established for a charitable purpose. It is also important to note that […]

HC Quashes Non-Speaking Order for Detention of Goods under GST Law

September 24, 2019 2856 Views 0 comment Print

India Logistics And Cargo Movers Vs The State of Gujarat (Gujarat High Court) It was incumbent upon the GST Department to give reasons in support of their conclusion that the goods in question and the conveyance are required to be confiscated. However, the impugned order is totally bereft of any reasons, in the absence of […]

Detention of goods U/s. 129 for Undervaluation- HC Grants interim relief

September 19, 2019 1971 Views 0 comment Print

Mohd. Sahil Jakir Vs State of Gujarat (Gujarat High Court) Referring to provisions of section 129 of the CGST Act, it was submitted that the same do not contemplate detention of goods on any ground other than the grounds stated therein and that, undervaluation of an invoice cannot be a ground for detention of goods […]

GST defaulter can be released on conditional bail on bond with sureties

September 13, 2019 1026 Views 0 comment Print

In the given case, the applicant is facing charges under Sections 132(1)(b) and 132(1)(c) of the Central Goods and Services Tax Act, 2017, for which maximum sentence is of five years. Hence the applicant wanted to apply for regular bail.

GST: HC allows bail as neither any complaint nor charge-sheet was filed

September 13, 2019 2952 Views 0 comment Print

In the facts and circumstances of the case and considering the  nature of allegations made against the applicant in the FIR and considering the admitted position that the applicant is arrested on 08.07.2019 and the fact that till date even after passage of 60 days, neither any complaint nor charge­sheet is filed and therefore, the applicant would be entitled for default bail, without going into detail at this stage

Demand of Service Tax on Ocean Freight under RCM notification is Ultra Vires

September 6, 2019 24696 Views 0 comment Print

A perusal of Section 94 shows that there is no power conferred upon the Central Government to make any Rules or Notifications for extraterritorial events; or in other words, for services rendered and consumed beyond the “taxable territory” i.e. beyond India. Obviously, the Act itself is not applicable to the territories other than India and therefore the Executives cannot have any power to make Rules for territories beyond India.

Transitional credit can’t be denied for mere non filing of form Tran 1 / Tran 2: HC

September 6, 2019 46233 Views 5 comments Print

M/s. Siddharth Enterprises Vs NODAL Officer (Gujarat High Court) Hon’ble High Court held that Transitional credit can’t be denied only because form Tran 1/ Tran 2 couldn’t not be filed. Requirement of filing of Trans 1 and Trans 2 returns is procedural in nature and not mandatory and therefore right of transitional credit can not […]

Power to attach Bank Account provisionally-Irregular availment of ITC

August 28, 2019 3039 Views 0 comment Print

Pranit Hem Desai Vs Additional Director General (Gujarat High Court) Section 83 of the State GST Act empowers the Assessing Authority to make a provisional attachment of any property of the assessee during the pendency of any proceeding for the assessment or reassessment of any turnover, even though there is no demand outstanding against the […]

Power to attach assets is a drastic step and is to be used sparingly

August 28, 2019 6477 Views 0 comment Print

Gujarat High Court has held that the power under Section 83 of the Central GST Act, 2017 is a drastic power which should be used sparingly and only on substantive weighty grounds. It observed that attachment of bank accounts and trading assets should be the last resort, and that blockage of input tax credit by way of computer entry was illegal.

HC stays GSTR 3B late Fees recovery

August 28, 2019 30942 Views 1 comment Print

Pending admission, hearing and final disposal of this petition, to stay any recovery proceedings for the recovery of late fees for late filing of Form GSTR-3B for the period 1st July 2017 to 30th September 2018 for which returns are furnished between 1st July, 2017 to 21st December, 2018;

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031