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Gujarat High Court

Mere Failure to upload order copy on GSTN portal cannot prevent time-barred appeal

August 12, 2023 3765 Views 0 comment Print

The Gujarat High Court rules on appeal timing related to GSTN, stating that failure to upload the order copy cannot prevent a time-barred appeal.

Benefit under SVLDRS available as tax quantified and paid on or before 30.06.2019

August 10, 2023 417 Views 0 comment Print

Gujarat High Court held that benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) duly available as tax was quantified on or before 30.06.2019. In fact, tax liability was duly discharged by the petitioner and communicated to the department vide letter dated 21.05.2019.

Section 148 notice Issued In Name of Dead Person is Invalid

August 3, 2023 6684 Views 0 comment Print

Unravel Pravinchandra A Shah Vs Union of India case where a notice issued under Section 148 of Income Tax Act to a deceased person was ruled invalid by Gujarat HC

Rejection cannot be rejected on mere technicality if all substantive conditions satisfied

July 30, 2023 1659 Views 0 comment Print

Gujarat High Court held that rejection of refund claim of unutilized ITC used in making zero-rated supply of goods merely on the ground of technicality unjustified as all the substantive conditions are satisfied.

50 times higher assessment without considering request of petitioner for personal hearing: HC quashed Order

July 27, 2023 4557 Views 0 comment Print

50 times higher assessment without considering request of petitioner for personal hearing through video conferencing  – Gujarat HC quashed Order in case of Margita Infra

Refund claim of inadvertently charged IGST at 18% instead of 0.1% duly allowable

July 26, 2023 1242 Views 0 comment Print

Gujarat High Court held that refund claim of inadvertently charged IGST @18% instead of concessional rate of 0.1% duly available as merely because by mistake, the duties are paid on the goods which are exempted from payment does not mean that the goods would become goods liable for the duty under the Act.

Only Profit Element in Bogus Purchases can be Added to Income: Bombay HC

July 26, 2023 3738 Views 0 comment Print

Read how Gujarat High Court upheld ITAT’s decision, confirming that only the profit element embedded in Bogus purchases would be added to assessee’s income.

Section 148A Amendments Won’t Revive Time-Barred Notices

July 26, 2023 2877 Views 0 comment Print

Read the analysis and conclusion of the Swati Viren Karani Vs ITO case where the Gujarat High Court deemed section 148 notices issued between 1-4-2021 and 30-6-2021 as per Section 148A(b).

Penalty not imposable as excess depreciation surrendered without prior detection of Revenue

July 24, 2023 573 Views 0 comment Print

Gujarat High Court held that penalty not imposable as excess depreciation claimed was surrendered by the assessee without prior detection of the Revenue and such excess claim was made due to bonafide reasons.

Remedy of appeal available only to member of ICAI & not to complainant/informant: HC

July 24, 2023 2073 Views 0 comment Print

Gujarat High Court held that misconduct charges against the auditor not sustained stating the Statute provides remedy of appeal is only available to a member of ICAI against the decision of the Board Discipline or Disciplinary Committee imposing any penalty. The same is not available to the complainant or informant.

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