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Gujarat High Court

AO not justified in treating capital gain as unexplained cash credit Where assessee proved genuineness

June 9, 2019 2121 Views 0 comment Print

CIT Vs Maheshchandra G Vakil (Gujarat High Court) HC held that Where assessee proved genuineness of share transactions by contract notes for sale and purchase, bank statement of broker, demat account showing transfer in and out of shares, as also abstract of transactions furnished by stock exchange, Assessing Officer was not justified in treating capital […]

No reason for detention of goods Post payment of GST & Penalty: HC

June 8, 2019 921 Views 0 comment Print

In the present case, the petitioner has made a categorical averment in the petition that the amount of tax and penalty has been paid. Under the circumstances, there is no reason for the respondents to withhold the release of the truck in question together with the goods. Under the circumstances, the respondents are directed to forthwith release Truck No.GJ-01-DT-5949 along with the goods contained therein.In the present case, the petitioner has made a categorical averment in the petition that the amount of tax and penalty has been paid. Under the circumstances, there is no reason for the respondents to withhold the release of the truck in question together with the goods. Under the circumstances, the respondents are directed to forthwith release Truck No.GJ-01-DT-5949 along with the goods contained therein.

Alleged Fake GST Bill & ITC Claim: HC grant bail to accused

May 27, 2019 2067 Views 0 comment Print

Madhav Gopaldas Shah Vs State of Gujarat (Gujarat High Court) 1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with File No. CCST/ADENF/FSU-7/MadhavArrest/2018-19/B.4 & AC/U-6/Arrest/2018-19/B.5811 of the office of the Chief Commissioner of State Tax, Flying Squad Unit-7, Gujarat State Ahmedabad […]

Non-availability of mechanism at GSTN portal- Allow Manual credit of ITC: HC

May 24, 2019 3453 Views 0 comment Print

In case, it is not possible to re-credit the amount to the Electronic Credit Ledger by the respondent revenue due to non-availability of mechanism at GSTN portal, the petitioner shall be permitted to manually take input tax credit of the amount of the refund rejected in Form GSTR-3B.

Deduction U/s. 80-IB(10) eligible on unaccounted receipts 

May 24, 2019 1296 Views 0 comment Print

There is nothing on the record to suggest that the assessee had other businesses or that the undisclosed receipts were assessee’s profit out of any other activity other than development of housing project, The Tribunal came to the specific conclusion that the unrecorded consideration was also part of the assessee’s sale transaction of completed residential units and was therefore eligible under Section 80IB [10] of the Act. We do not find any error in such view.

Bank A/c attachment under GST: writ petition not accepted as Alternative remedy available

May 24, 2019 2676 Views 0 comment Print

Pranit Hem Desai Vs Additional Director General (Gujarat High Court) In the opinion of this court, when the communications dated 4.4.2019 of the Deputy Director, DGGI, AZU itself informs the petitioners that the petitioners have a remedy against the order of attachment by way of filing objection under sub-rule (5) of rule 159 of the […]

HC orders release of goods as appellant already deposited tax & penalty

May 23, 2019 993 Views 0 comment Print

Considering the fact that the petitioner has already deposited tax and penalty under section 129 of the IGST Act, by way of ad-interim relief, the respondents are directed to forthwith release Truck No.HR-55-J-2944 along with the goods contained therein.

HC orders release of goods being perishable on furnishing security by way of bond

May 17, 2019 1521 Views 0 comment Print

M/s. Neuvera Wellness Ventures Pvt Ltd Vs State of Gujarat (Gujarat High Court) The impugned order dated 2.4.2019 passed by the second respondent (Annexure-H to the petition) is hereby quashed and set aside. The matter is restored to the file of the second respondent who shall decide the same afresh in accordance with law after giving […]

Unrealized loss due to foreign fluctuation debited to P&L A/c allowable

May 16, 2019 4125 Views 0 comment Print

Pr. CIT Vs Suzlon Energy Limited (Gujarat High Court) Where assessee had debited unrealized loss due to foreign exchange fluctuation in foreign currency transaction on revenue items to its profit and loss account on the last date of accounting year, the same should be allowed as deduction under section 37(1). FULL TEXT OF THE HIGH […]

Refund on account of Gujarat Textile Policy allowed to be adjusted against outstanding tax dues

May 14, 2019 3585 Views 0 comment Print

Department was not justified in cancelling the certificate of entitlement of assessee-company and  denying refund of tax paid on purchase of raw material and intermediate products as since the date when the actual production started, assessee did not have the eligibility certificate, they continued to discharge tax liability as a normal dealer and claimed input tax credit by adjusting the same against output tax liability and on account of retrospective grant of eligibility certificate, assessee became liable for full amount of output tax liability, therefore, the department was directed to work out the amount of refund that assessee would be entitled to and adjust the same towards outstanding dues.

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