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Gujarat High Court

Reference to DVO when assessee relied on estimate made by Registered Valuer

April 7, 2019 1248 Views 0 comment Print

Pr. CIT Vs Late Shantaben P. Patel (Gujarat High Court) In this case Since assessee had relied on the estimate made by the Registered Valuer for the purpose of supporting its value of the asset, any such situation would be governed by clause (a) of section 55A and AO could not have resorted to clause […]

Deduction U/s. 80IB(10) cannot be denied merely because Assessee developer being not the owner of land

April 6, 2019 1014 Views 0 comment Print

Pr. CIT Vs Green Associates (Gujarat High Court) Assessee had claimed deduction in respect to the income arising out of such activity under section 80IB (10) of the Income Tax Act. The Assessing Officer disallowed the claim mainly on the ground that the assessee was not the owner of the land and the approval of […]

GST: HC releases goods seized without complying Section 129

March 28, 2019 6429 Views 0 comment Print

Synergy Fertichem Pvt.Ltd Vs State of Gujarat (Gujarat High Court) In the present case, the show­ cause notice dated 01.03.2019 has been issued under section 130 of the CGST Act calling upon the petitioner to show cause as to why the goods in question as well as the vehicle should not be confiscated for non-payment […]

Reassessment notice issued to dead person not valid merely because PAN was active

March 26, 2019 4242 Views 0 comment Print

Merely because PAN is active, it cannot be presumed that the assessee is alive and notice for reassessment be issued in the name of dead person, more particularly, when the department was made aware about the death of the assessee prior to issuance of the notice.

AO must prove that sale of agricultural land is in the nature of trade to tax gain as business income

March 23, 2019 2745 Views 0 comment Print

Sale of Agricultural Land by the assessee was not ‘adventure in the nature of trade’ and therefore, profit earned on such sales cannot be taxed as business income.

HC explains Law on reopening to assess alleged Bogus Capital gains from penny stocks

March 23, 2019 2895 Views 0 comment Print

Purviben Snehalbhai Panchhigar Vs ACIT (Gujarat High Court) In the present case the Assessing Officer has heard the material on record which would prima facie suggest that the assessee had sold number of shares of a company which was found to be indulging in providing bogus claim of long term and short term capital gain. […]

Bogus GST Bill: Gujarat High Court grants Bail to CA Student

March 13, 2019 6402 Views 0 comment Print

Madhav Gopaldas Shah Vs State of Gujarat (Gujarat High Court) In a Bogus GST Billing Case Submission of learned senior advocate for the applicant that the applicant is a young person pursuing studies in Chartered Accountancy and was employed under the co-accused Hitendra Shah. . Learned advocate appearing on behalf of the applicant submits that […]

Credit of eligible duties on inputs held in stock- HC accepts writ

March 6, 2019 1227 Views 0 comment Print

It was submitted that all the five conditions enumerated under sub-section (3) of section 140 of the Act are satisfied by the petitioner. Referring to clause (iii) of sub-section (3) of section 140 of the Act, it was submitted that the same provides that the said registered person should be in possession of invoice or other prescribed documents evidencing payment of duty under the existing law in respect of such inputs.

Gujarat HC strikes down ‘pre-import condition’ under advance authorisation scheme

March 3, 2019 6291 Views 0 comment Print

Background In the pre-GST period, the advance authorization license allowed an exporter to import raw materials used for manufacturing exported goods without payment of taxes on import of raw material used for past exports. Subsequently, the scheme was amended to allow exemption from IGST as well as compensation cess by issuing Notification No.79/2017-Cus dated 13.10.2017. […]

Release Goods on furnishing of bond in Form GST INS-04 & bank guarantee: HC

February 25, 2019 8388 Views 0 comment Print

OC orders to provisionally release the seized goods upon the petitioner executing a bond in FORM GST INS-04 for the total value of the seized goods, and furnishing a bank guarantee of Rs.50 lakhs.

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