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Gujarat High Court

Amount sought to be evaded means tax sought to be evaded: HC

November 10, 2018 5121 Views 0 comment Print

M/s. Supernova System Private Limited Vs. CCIT (Gujarat High Court) CBDT circular issued on 23.12.2014 prescribes compounding fees for offense under section 276C(1) at 100% of the amount sought to be evaded. This para also starts with an expression ‘Section 276C(1)­- Wilful attempt to evade tax etc.’  The title of this para thus, is taken […]

Reopening invalid if on incorrect premise that assessee has not filed return

November 10, 2018 2706 Views 0 comment Print

Mumtaz Haji Mohmad Memon Vs ITO (Gujarat High Court) The Assessing Officer may be correct in pointing out that when the sale consideration as per the sale deed is Rs.50 lakhs but the registering authority has valued the property on the date of sale at Rs.1,18,95,000/-­ for stamp duty calculation, section 50C of the Act […]

Unsecured loan/ Gifts to be added in Income if paying capacity of giver is not proved: HC

November 5, 2018 1485 Views 0 comment Print

Sitaram Ramchanddas Patel Vs ITO (Gujarat High Court) When the assessee failed to prove the capacity of the concerned persons who alleged to have given the unsecured loan and/or gift, it cannot be said that the learned Tribunal has committed any error in confirming the additions made by the Assessing officer and confirmed by the […]

No deduction U/s. 80-IB(10) if Assessee utilises only small part of eligilble FSI

October 31, 2018 1689 Views 2 comments Print

Where assessee utilized only a small part of eligilble FSI remaining part was sold, then assessee was not entitled deduction under section 80IB. In respect profits assessee for sale of unutilized part.

Reassessment invalid if Grounds for reassessment being already examined by AO during original assessment

October 26, 2018 1041 Views 0 comment Print

PCIT Vs JP Infrastructure (P) Ltd. (Gujarat High Court) During the original assessment, both the questions raised by AO in reassessment notice, were already examined by AO through a specific queries raised in this respect. Therefore, reassessment being based on mere change of opinion was invalid. FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT […]

Bogus GST Bill: HC suspends provisional attachment of Factory & Bank

October 26, 2018 2754 Views 0 comment Print

we would permit the petitioner to carry on the legitimate business by suspending provisional attachments subject to fulfillment of following conditions: (i) The petitioner creates an undertaking to maintain a stock of the goods of a minimum of Rs. 5 crores. Such undertaking shall be filed before the department as well as before this Court by 15.11.2018;

Gujarat High Court stays Service Tax Audit under Rule 5A by CAG

October 18, 2018 8793 Views 1 comment Print

Gujarat High Court granted stay on conducting audit of records of taxpayers under 5A of Service Tax Rules, 1994, by Officers of C&AG who were sending communications through CGST officers.

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

October 17, 2018 9828 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 1836 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 15348 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 […]

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