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Gujarat High Court

Gujarat HC Allows Belated Form F After 20-Year CST Litigation

December 7, 2025 450 Views 0 comment Print

The Court accepted a previously rejected Form F worth ₹6.29 crore after verifying its authenticity. It held that genuine branch transfer claims cannot be denied solely for delayed production.

Disciplinary action against CA based on report that was merely cut-paste job cannot be sustained

December 5, 2025 14898 Views 0 comment Print

Gujarat High Court held that recommendation of name of Chartered Accountant from the Register of Member based on disciplinary committee report quashed as report was merely a cut-paste job without any independent finding.

GST Order Quashed for Ignoring Explanation on GSTR-3B vs 2A Differences: HC Orders Fresh Hearing

December 1, 2025 792 Views 0 comment Print

High Court quashed a GST adjudication order where authority failed to consider petitioner’s explanation regarding alleged differences between GSTR-3B and GSTR-2A, remanding matter for fresh hearing.

Leasehold Assignment of immovable property Not a Taxable under GST: Gujarat HC

December 1, 2025 1074 Views 0 comment Print

The Court struck down a GST demand by holding that assignment of long-term leasehold rights amounts to transfer of immovable property, not a taxable supply. The ruling reaffirms that such assignments fall outside Section 7 of the GST Act.

Inordinate Delay in Satisfaction Note Invalidates Section 153C Notice: Gujarat HC

December 1, 2025 540 Views 0 comment Print

The Gujarat High Court quashed a Section 153C notice due to a 22-month delay in recording the satisfaction note, ruling it violated Supreme Court guidelines for immediate post-assessment action.

Circular 172/04/2022-GST dated 06.07.2022 inapplicable as petitioner is not deemed exporter

December 1, 2025 999 Views 0 comment Print

Gujarat High Court held that petitioner being 100% EOU of zero-rated supply without payment of tax is entitled for refund of unutilized ITC. Since petitioner is not deemed exporter para no.2.2 of clarificatory Circular No.172/04/2022-GST dated 06.07.2022 would not be applicable.

Income Tax Reassessment Notice Invalid as AO Relied Only on Faulty Audit Objection

December 1, 2025 471 Views 0 comment Print

The Court ruled that reassessment could not be initiated based on audit objections containing factual errors and overlooking prior accepted depreciation. The decision underscores that reopening must be based on proper evaluation of facts, not mere audit remarks.

Section 264 Revision Cannot Be Denied on Technicalities for Elderly Alzheimer’s Patient

December 1, 2025 807 Views 0 comment Print

The High Court held that the Commissioner did not properly apply the wide discretionary powers under section 264. The matter was remanded for fresh consideration in light of the petitioner’s circumstances and submitted records.

Loss not speculative when shares were acquired on conversion of partly convertible debentures

December 1, 2025 279 Views 0 comment Print

Gujarat High Court held that Explanation to section 73(1) of the Income Tax Act cannot be applied to loss on sale of shares which were acquired on conversion of partly convertible debentures. Hence, loss on sale of such shares is not speculation loss and hence set off allowed.

No question of denying exemption u/s. 11 since there is no retention of income

December 1, 2025 249 Views 0 comment Print

Gujarat High Court held that since for the year under consideration, there is no retention of income but in fact there is a deficit of 7%, hence the question of denying the exemption under section 11 of the Income Tax Act wouldn’t arise. Accordingly, writ petition is allowed.

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