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Gujarat High Court

Reassessment invalid if no fresh tangible material made available by petitioner

January 17, 2023 2709 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 2415 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 2523 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 708 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 1008 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.

Re-exporting of goods without payment of customs duty not permissible on expiry of bonded period

January 11, 2023 2853 Views 0 comment Print

Gujarat High Court held that as the bonded period is expired, the importer is liable to pay the customs duty. Importer cannot re-export the goods under section 69 without payment of the customs duty.

GST: When any adverse decision is contemplated, personal hearing is a must

January 9, 2023 2139 Views 0 comment Print

Graziano Transmission India Private Limited Vs State of Gujarat (Gujarat High Court) Section 75(4) of the CGST Act, 2017 provides that an opportunity of hearing is to be provided where a request is received in writing from the person chargeable with tax or penalty or where any adverse decision is contemplated against such person. The […]

Interim relief in terms of deposit of fine along with penalty was granted for release of goods and conveyance in absence of following due procedure prescribed u/s 129

January 9, 2023 834 Views 0 comment Print

Interim relief in terms of deposit of fine in lieu of confiscation of vehicle being Rs. 2,50,062/- with penalty of Rs. 5,00,124/- under Section 129(1a) which included 200% of the tax amount and bond value against the release of the goods to the tune of Rs. 13,89,224/- as per GST MOV-10 should be furnished by assessee for release of the goods detained/ seized under that Section and  no coercive steps or further order under Section 130 should be passed

Direction of higher authority is binding upon lower authority

January 6, 2023 2301 Views 0 comment Print

Gujarat High Court held that it is settled legal position that the directions given by the higher authority is binding upon the lower authority and therefore, such directions cannot be ignored on any count.

Allowability of writ against the order for cancellation of registration on the ground of violation of the principles of natural justice.

January 4, 2023 1953 Views 0 comment Print

Writ petition was allowed against the order for cancellation of registration solely on the ground of violation of the principles of natural justice as assessee had approached the appellate Court putting forth the reasons of the negligence of the accountant and passing away of some of the persons.

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