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Gujarat High Court

Section 148 notice- AO not considered objections & treated it under section 148A(b) – HC remands matter back to AO

May 13, 2023 3309 Views 0 comment Print

Sahil Infra Creative Pvt Ltd Vs ITO (Gujarat High Court) The position which unfolds in this case is that the petitioner assesse had filed its objections to the notice for reassessment under section 148 unamended issued to him, however, the Assessing Officer never attended to the objections dated 12.10.2022 and left it undecided. Thereafter, the […]

Co-owners showed capital gains of different amount – Section 148 notice invalid

May 3, 2023 822 Views 0 comment Print

ITAT held that co-owners showed capital gains of different amount, is not a valid ground for issue of notice under section 148

Employee cannot be called up to pay tax to extent of tax deducted by employer

May 1, 2023 4212 Views 0 comment Print

Gujarat High Court held that employee shall not be called upon to pay the tax himself to the extent to which tax has been deducted by the employer. In nut-shell, department cannot deny the benefit of TDS deducted by employer to the employee even if the TDS is not deposited by employer.

Reopening based on assessment record without tangible material is unsustainable

April 27, 2023 2136 Views 0 comment Print

Gujarat High Court held that re-opening sought on the basis of assessment record without any fresh tangible material is unsustainable in law.

When State is inclined to give some tax benefit to tax payers, terms or provisions of policy should be interpreted in a liberal manner

April 26, 2023 948 Views 0 comment Print

It is further observed and held that when the State is inclined to give some tax benefit to tax prayers, terms or provisions of the policy should be interpreted in a liberal manner and with an intention to see that the purpose for which the policy is framed is fulfilled and the beneficiaries is helped.

GST Registration cancellation: HC allows petitioner to apply for revocation

April 25, 2023 3999 Views 0 comment Print

Explore the Gujarat High Court judgment on GST registration cancellation revocation. Notification No. 3/2023 benefits Allyssum Infra in challenging the order.

Authority directed to complete proceedings so provisional attachment will have its own fate in wrongful ITC matter

April 24, 2023 696 Views 0 comment Print

Gujarat High Court held that in the case of wrongful availment of input tax credit matter under GST the proceeding for adjudication is commenced as show case notice is issued. Hence, court directed authorities to complete the adjudication proceedings in time-bound manner and completion of the proceedings, provisional attachment will have its own fate.

Petitioner cannot ride on two horses by filing both Appeal & writ petition

April 22, 2023 975 Views 0 comment Print

As petitioner is already before Appellate Authority, so it is not appropriate to detain the petition, as petitioner cannot ride on two horses: HC

Benefit of TOLA 2020 not available to first proviso to Section 149(1)(b) of Income Tax Act

April 19, 2023 3081 Views 0 comment Print

Gujarat High Court held that in respect of the proceedings where the first proviso to Section 149(1)(b) is attracted, the benefit of the Taxation and Other Laws (Relaxation And Amendment of Certain Provisions) Act, 2020 (TOLA 2020) will not be available to the revenue.

Conditional provisional release granted as goods are perishable in nature

April 19, 2023 546 Views 0 comment Print

Gujarat High Court held that when the goods are perishable in nature, the authorities should act with greater swiftness to proceed with the adjudicatory mechanism and take a final decision. Accordingly, conditional provisional release of goods granted.

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