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Gujarat High Court

There cannot be two parallel investigations under State Act as well as Central Act

December 27, 2019 6951 Views 0 comment Print

As per clause (b) of sub-section (2) of section 6 of the Goods and Services Tax Act, it was  provides that where a proper officer under Central Goods and Services Tax Act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under that Act on the same subject matter.

Appellant PAN can’t be declared inoperative for Non-Linking with AADHAAR till SC verdict

December 27, 2019 7539 Views 0 comment Print

It is ordered that PAN of the applicant shall not be declared inoperative and the applicant would not be in default in any proceedings only for the reason that the permanent account number is not linked with Aadhaar or Aadhaar number is not quoted and the applicant shall not be subjected to the proviso to sub-section (2) of section 139AA of the Act till the judgment of the Supreme Court in the Rojer Mathew v. South Indian Bank Ltd. and others in Civil Application No.8588 of 2019 is delivered and available. Rule is made absolute accordingly to the aforesaid extent.

Release Conveyance on Depositing Fine under GST Law: HC

December 26, 2019 834 Views 0 comment Print

Gujarat High Court allows release of the conveyance confiscated by the GST department under section 130 of the CGST Act upon depositing a sum of Rs.60,795/- by way of fine.

8 day stay of GST Search Authorities at premises of petitioner is illegal

December 24, 2019 3336 Views 0 comment Print

The issue under consideration is whether the act of residing in the premises of the petitioner for 8 days in case of search is permissible under Act?

Notice to Amalgamated Company which ceased to exist is without jurisdiction

December 24, 2019 3078 Views 0 comment Print

The Gujarat High Court set aside Reassessment Notice issued to the amalgamated company which ceased to exist after approval of the composite scheme of arrangement.

Baroda Cricket Association eligible for Section 11 & 12 exemptions : HC

December 23, 2019 846 Views 0 comment Print

CIT (Exemptions) Vs Baroda Cricket Association (Gujarat High Court) 1. By this appeal under section 260A of the Income Tax Act, 1961, the appellant Revenue has challenged the order dated 11.06.2019 made by the Income Tax Appellate Tribunal, Ahmedabad Bench ‘B’ in ITA No.2675/Ahd/2017 for assessment year 2014­-15 by proposing the following three questions stated […]

HC explains provisions of Sections 129 & 130 | Detention, seizure, confiscation | GST

December 23, 2019 46911 Views 0 comment Print

Synergy Fertichem Pvt. Ltd Vs State of Gujarat (Gujarat High Court) (i) Section 129 of the Act talks about detention, seizure and release of goods and conveyances in transit. On the other hand, Section 130 talks about confiscation of goods or conveyance and levy of tax, penalty and fine thereof. Although, both the sections start […]

NSEL Transaction: Reopening of assessment not permissible for Mere verification or for fishing inquiry

December 20, 2019 2574 Views 0 comment Print

 Re-assessment even if in case where return was not scrutinized before the income chargeable to tax had escaped before acceptance originally could not be made unless AO has reason to believe that the income chargeable to tax had escaped, therefore, for mere verification or for fishing inquiry, reopening of assessment was not permissible.

Release confiscated conveyance on deposit of amount determined

December 18, 2019 786 Views 0 comment Print

Devrajbhai Vikrambhai Sambad Vs State of Gujarat (Gujarat High Court) 1. Mr. Vijay Patel, learned advocate for the petitioner submits that the petitioner is ready and willing to pay the amount computed by the respondents towards fine in lieu of confiscation of conveyance, subject to the final order that may be passed by the respondents […]

Conditional Regular bail can be allowed for offence under GST

December 18, 2019 1242 Views 0 comment Print

Mahendrasinh (Mahendraji) Chaganji Gohel Vs State of Gujarat (Gujarat High Court) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR for the offence punishable under Sections 174 and 175 of the Indian Penal Code and under Section 132(1)(b) of the […]

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