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Gujarat High Court

Delayed GST Refund attracts Interest: Gujarat HC issues notice to Centre, CBIC and GSTN

October 17, 2018 9777 Views 3 comments Print

While admitting a petition seeking interest / compensation for delay in both provisional as well as final refund of GST beyond stipulated period, the Gujarat High Court has issued notices to Centre, CBIC and GSTN.

HC declines to direct CBIC to allow rectification of GST–Tran1 already filed

October 15, 2018 1818 Views 0 comment Print

Jay Chemical Industries Limited Vs Union Of India (Gujarat High Court) While the entire tax structure within the country was thus being replaced by a new framework, it was necessary for the legislature to make transitional provisions. Section 140 of the CGST Act, which is a transitional provision, essentially preserves all taxes paid or suffered by a […]

Tax Audit Due Date Extension: Gujarat HC disposes writ as not pressed

October 11, 2018 15318 Views 9 comments Print

All Gujarat Federation of Tax Consultants Vs Union of India (Gujarat High Court) 11.10.2018–  It is an agreed position that subsequent to filing of these petitions, CBDT has granted extension for filing returns and accompanying documents. In that view of the matter, learned counsel for the petitioners does not press these petitions. Disposed of as […]

Section 140(1) & Rule 117 prescribing time limit to file GST TRAN-1 are constitutional: HC

October 5, 2018 11799 Views 0 comment Print

Willowood Chemicals Pvt. Ltd. Vs Union of India (Gujarat High Court) Issues Before High Court (i) On account of technical glitches in the Government portal, despite efforts made by the petitioners for filing the declaration electronically, the same could not be done within extended time for no fault of the petitioners. Thus, the tax credit […]

Individual cannot be taxed for Property sold by HUF

September 28, 2018 4245 Views 0 comment Print

Janak Kanakbhai Trivedi Vs ITO (Gujarat High Court) It is the case of the appellant that the impugned ancestral property was actually acquired by the HUF of the appellant and that actually by mistake the appellant has given his individual PAN number at the time of execution of the sale deed. It has been argued […]

Criminalisation & tax evasion by Uncle leads cousin to shell out Rs. 81 lakhs, Gujarat HC directs registering FIR

September 24, 2018 1392 Views 0 comment Print

Petitioner Shah Pintu Pravinbhai, eight years ago executed one power of attorney dated 02.03.2009 in favour of his uncle Shri. Sureshchandra Velchandbhai. Uncle requested the Petitioner to open up one firm in his name have GST(VAT) and CST registration and the said accused shall manage the all business and the Petitioner has to do nothing in the said business.

Tax cannot be levied On Gain from Sale of Agricultural land based on intention of Buyer to use the land for business purpose

September 23, 2018 4791 Views 0 comment Print

the land was sold as an agricultural land and in fact, what was sold was agriculture land. What was the intention of the purchaser cannot be the determinative factor to treat the profit earned by the assessee on sale of agriculture land as business income.

Goods Transported without E-Way Bill; HC refuses to provide relief to Habitual Offender

September 23, 2018 1266 Views 0 comment Print

Vanrajbhai Hasmukhbhai Chauhan Vs State of Gujarat (Gujarat High Court) Issue in brief- petitioner is a habitual offender and is in habit of transporting goods without e-way bill and similar modus operandi is adopted to pay tax, the moment he is caught. There were 10 instances wherein the petitioner is caught without e-way bill and […]

Gujarat HC stays retrospective amendment in case of inverted duty refunds

September 21, 2018 3033 Views 0 comment Print

Shree Rama Newsprint Limited Vs. Union Of India (Gujarat High Court) Gujarat High Court on 18/09/2018 grants interim stay on the retrospective amendment in case of inverted duty refunds whereby refund on input services was denied by notification dated 13-06-2018 w.e.f. 01-07-2017. This is welcome news for persons consuming job work and other service for […]

HC allows Payment of GST Arrears in Installments 

September 20, 2018 2475 Views 0 comment Print

M/s Indus Projects Limited Vs UOI (Gujarat High Court) 1. Petitioner has to pay GST dues of Rs.3.85 crores (rounded off), for which, due to its financial difficulties, the petitioner has applied to the authority for installments. Such request came to be turned down by the impugned order dated 30.08.2018 without assigning reasons. Counsel for the petitioner submitted that […]

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