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Gujarat High Court

SEZ Unit Entitled To Claim Refund of Unutilized ITC

April 17, 2023 16245 Views 0 comment Print

SE Forge Limited Vs Union of India (Gujarat High Court) The Gujarat High Court in M/S SE Forge Limited Vs. Union of India [Special Application No.16056 of 2022 decided on 03.02.2023] held that a SEZ Unit, is entitled to claim the refund of IGST credit lying unutilized in the Electronic Credit Ledger. FACTS M/S SE […]

GST refund denied as Exporter initially not mentioned name & GSTIN of supplier in shipping bill- HC directs reconsideration

April 13, 2023 1380 Views 0 comment Print

Gujarat HC quashes CGST appeal on refund denial. Orders fresh consideration by Appellate Authority. Apex Formulations Pvt Ltd. vs Union of India.

Notice u/s 148 beyond the period of six years is barred by limitation

April 10, 2023 36402 Views 0 comment Print

Gujarat High Court held that issuance of notice for reassessment under section 148 of the Income Tax Act beyond the period of six years from the end of the relevant assessment year is barred by limitation.

Prosecution in absence of willful admits to evade any tax, penalty or interest is unsustainable

April 8, 2023 1842 Views 0 comment Print

Gujarat High Court held that as per provisions of section 276-C prosecution can be launched only if there is willful admits to evade any tax, penalty or interest chargeable or imposable under the Income Tax Act. Prosecution in absence of willful admits is unsustainable

Petition premature as objections raised by petitioner needs to be dispose of by concerned authority

March 18, 2023 1245 Views 0 comment Print

Gujarat High Court dismissed the petition as being prematured. It is directed to dispose the objections raised by petitioner by the concerned authority.

Refund denial for Subsequent Addition of GSTIN in Refund Form by exporter of Appellant – HC directs re-adjudication

March 14, 2023 1083 Views 0 comment Print

Gujarat High Court allows Apex Formulations Pvt Ltd’s petition challenging CGST appeal on refund denial. Remands to Appellate Authority for fresh consideration.

GVAT: Directors of company cannot be prosecuted in absence of statutory provision

March 11, 2023 1746 Views 0 comment Print

Badal Bhupatrai Shah Vs. State of Gujarat (Gujarat High Court) The Hon’ble High Court of Gujarat allows anticipatory bail application, accepting the contention that: (i) directors of the company cannot be prosecuted in absence of a statutory provision; (ii) company has been wound up under section 433 and 434 of the companies act and hence, […]

SVLDRS discharge certificate cannot be denied for delayed payment of tax which was recredited due to a technical glitch

March 6, 2023 2628 Views 0 comment Print

HC held that, when the deposit within the stipulated time period was made, technical glitch being the reason for the non-functioning of the bank’s software would not hold the assessee liable or accountable for non-payment.

Customs Authority should take up issue regarding export of goods & not GST Authority

March 2, 2023 1863 Views 0 comment Print

Gujarat High Court held that in case there is any doubt with regard to export of goods, then, Customs Authority needs to take up the issue and not GST Authority.

Order cancelling GST registration traveling beyond the scope of notice is untenable

March 2, 2023 690 Views 0 comment Print

Gujarat High Court held that impugned order cancelling the registration traveling beyond the scope of show cause notice is untenable in law.

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