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Gujarat High Court

e-bill expired without any fraudulent intent – HC Quashes Penalty order

January 26, 2023 3579 Views 0 comment Print

Orson Holdings Company Limited Vs Union of India (Gujarat High Court) 1. At the time of issuance of notice on 7.12.2018 in this petition which is filed under Article 226 of the Constitution of India, this Court has passed the following order: “1. This petition challenges the constitutional validity of rule 138(10) of the Central […]

GST Registration cancellation: HC Quashes Appellate Authority order

January 26, 2023 1215 Views 0 comment Print

Siddharth Associates Vs State Tax Officer (Gujarat High Court) 1. The petitioner is before this Court seeking to challenge the action of the respondent authority essentially on two counts firstly, because the order of cancellation of registration is in breach of principle of natural justice being very cryptic and non-reasoned order and secondly, the appellate […]

Order without stating reason of cancellation of GST registration is non-speaking

January 26, 2023 1425 Views 0 comment Print

Gujarat High Court held that order passed cancelling GST registration without mentioning the reason for said cancellation is non-speaking and cryptic in nature.

Reopening of assessment sustained due to failure of true & full disclosure

January 23, 2023 759 Views 0 comment Print

Gujarat High Court held that reopening of assessment sustainable on failure of true and full disclosure of demanded material on the part of the petitioner.

GST order passed without granting opportunity of personal hearing is set aside

January 19, 2023 4842 Views 0 comment Print

Gujarat High Court held that order, making the addition of huge amount of tax, interest and penalty, passed in FORM GST DRC-07 without granting opportunity of personal hearing is liable to be set aside.

Reassessment invalid if no fresh tangible material made available by petitioner

January 17, 2023 2694 Views 0 comment Print

Ball Aerosol Packaging India Private Limited Vs ACIT (Gujarat High Court) In this case what emerges from the record is that no fresh tangible material distinct from what was made available by the petitioner during the assessment proceedings is emerging and specific queries which have been raised with regard to issues now raised have already […]

Reopening of assessment for mere change of opinion untenable in law

January 17, 2023 2403 Views 0 comment Print

Gujarat High Court held that issued raised in reopening assessment was already considered during assessment proceedings u/s 143(3) of the Income Tax Act. Accordingly, mere change of opinion by the Assessing Officer cannot be ground for reopening of assessment.

Addition unsustainable as primary onus discharged but inquiry u/s 133(6) not carried by AO

January 16, 2023 2484 Views 0 comment Print

Gujarat High Court held that once the primary onus is discharged by the assessee, it is the assessing officer who will need to make an inquiry under Section 133(6). Addition unsustainable in absence of such inquiry.

Export benefit of refund of excise duty eligible for deduction u/s 80IC

January 13, 2023 702 Views 0 comment Print

Gujarat High Court held that deduction under section 80IC of the Income Tax Act available on export benefit on account of the refund of excise duty.Gujarat High Court held that deduction under section 80IC of the Income Tax Act available on export benefit on account of the refund of excise duty.

Sufficiency/ correctness of material relied by AO for re-opening not to be considered

January 12, 2023 999 Views 0 comment Print

Gujarat High Court held that when AO has reason to believe and have prima facie material for commencement of re-assessment proceedings, sufficiency/ correctness of the material is not a thing to be considered. Reopening justified.

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