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Gujarat High Court

Ragging A Barbarous Practice – Gujarat HC

February 18, 2019 969 Views 0 comment Print

In the present case, the writ was filed by one of the student involved in the ragging who was suspended from the current academic year by the disciplinary committee of the institution. In the writ the student plead that being the bright student such suspension would ruin his future.

When petitioner was not a fly by night operator, why bank accounts attached: HC ask Dept

February 15, 2019 1164 Views 0 comment Print

Mono Steel India Ltd. Vs State of Gujarat (Gujarat High Court) 1. Mr. Paresh Dave, learned advocate for the petitioner has submitted that for recovery of a sum of rupees three crore and odd, six bank accounts of the petitioner have been provisionally attached by issuing notices under section 83 of the Gujarat Goods and […]

Gujarat HC allows Rebate of Excise Duty to Petitioner in Cash instead of Cenvat Credit in post GST regime

February 11, 2019 2064 Views 0 comment Print

The Gujarat HC conclusively held that the Respondent ought to have directed the sanctioning Authority to refund the duty of the amount in cash instead of credit in the CENVAT account and for the foregoing reasons, the Petition was allowed to succeed.

HC releases bank A/c of directors which were attached for GST liability of Company

February 8, 2019 3711 Views 0 comment Print

On behalf of the respondents, reliance has been placed upon the provisions of section 89 of the CGST Act to submit that the same permits recovery of the dues of the private company from its directors in case such amount cannot be recovered from the company.

Mere appeal pendency in HC not preclude Tribunal’s power of rectification

February 5, 2019 1203 Views 1 comment Print

Shambhubhai Mahadev Ahir Vs ITAT (Gujarat High Court) 1. The petitioner has challenged the decision of the Income Tax Appellate Tribunal recalling an earlier order in exercise of powers for rectification. 2. Brief facts are as under: Petitioner is an individual. Petitioner was subjected to search on 11.10.2006 pursuant to which, the petitioner was required […]

Price revision not allowed in contract due to change in tax post-GST

February 5, 2019 7062 Views 0 comment Print

Bipson Surgical (India) (P) Ltd. v. State of Gujarat (Gujarat High Court) In the present case as observed hereinabove as such the liability to pay GST under the GST/CGST Act is upon the supplier. As observed hereinabove the price quoted and the rate contract was inclusive of all the levies and taxes. Therefore, the petitioners […]

Advance authorisations – HC quashes ‘Prior import condition’

February 4, 2019 4986 Views 0 comment Print

Gujarat High Court has quashed the ‘pre-import condition’ under Advance Authorisation regarding prior imports for manufacture of export goods. It observed that such condition, after introduction of GST, lead to cash blockage and made imports under Advance Authorisation next to impossible. The condition was also held as not meeting test of reasonableness. It may be noted that this condition was in force from 13-10-2017 to 9-1-2019.

Conditions rendering Advance Authorisation Scheme Nugatory are Unsustainable

February 4, 2019 7890 Views 0 comment Print

Messrs Maxim Tube Company Pvt Ltd. Vs Union of India (Gujarat High Court) CONCLUSION – Condition that renders the very scheme of advance authorization nugatory, does not have any nexus to the objective of the advance authorization i.e. to boost export, is unsustainable in law. FACTS – Para 4.14 of the FTP was amended vide […]

Validity of Section 148 notice against deceased assessee

January 29, 2019 5130 Views 1 comment Print

Hetal Brijesh Ukani Vs ACIT (Gujarat High Court) The notice under section 148 of the Act, which is a jurisdictional notice, has been issued to a dead person. Upon receipt of such notice, the legal representative has raised an objection to the validity of such notice and has not complied with the same. The legal […]

Reassessment for Change of opinion in Absence of new material not justified

January 20, 2019 933 Views 0 comment Print

Since neither from reasons nor from any other material on record, it could be gathered that there was any failure on the part of the assessee to disclose truly and fully all-material facts, reopening of assessee’s assessment on ground that she had not disclosed capital gain in her return of income filed, could not be held justified.

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