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Gujarat High Court

Provisional attachment of bank account released against furnishing of bank guarantee

December 18, 2022 4449 Views 0 comment Print

Gujarat High Court held that it is satisfied that provisional attachment is hindering the continuation of business of the petitioner, hence continuation of provisional attachment not necessary as the interest of revenue can be safeguarded by furnishing of a bank guarantee.

Provisional attachment of property without initiation of proceedings is unsustainable

December 14, 2022 1617 Views 0 comment Print

Gujarat High Court held that provisional attachment of property under section 83 of the CGST Act can be invoked only during pendency of certain proceedings. In absence of any initiation of proceedings, powers of provisional attachment cannot be exercised.

Order cancelling GST registration quashed as zero-supply lead to non-filing GST return

December 13, 2022 858 Views 0 comment Print

Gujarat High Court held that due to zero supply it was believed that GST return is not required to be filed. Further, the consultant also didn’t advise the petitioner correctly. Accordingly, order of cancellation of GST registration on account of non-filing of GST return was quashed

CVD provision based on international treaty shall be interpreted as per treaty obligations

December 12, 2022 1116 Views 0 comment Print

In present matter, the Honble Gujarat High Court held that prefacing the discussion on the aspects of law involved in the controversy and the application of provisions of the Act and the Rules, it has to be recollected that the provisions regarding countervailing duty, are based on the international treaty obligation.

Mere E-Way Bill Expiry Does Not Establishes Intention to Evade Taxes

December 10, 2022 12048 Views 0 comment Print

Gujarat High Court in case of Shree Govind Alloys Pvt. Ltd. v. State of Gujarat held that mere expiry of e-way bill during transit of vehicle cannot be a valid ground for detention and seizure.

Mere error in filing Form GSTR-3B cannot deny refund under GST

December 10, 2022 3258 Views 2 comments Print

It was the specific case of Mr. Chandubhai Bhagwandas Patel wherein even though Form GSTR-1 for the month of August 2019 was correctly filed declaring all the relevant details qua outward supplies appropriately, refund of IGST paid upon export of goods was denied to the petitioner due to mistake being committed in Form GSTR-3B for the said month.

Gujarat HC issues notice to Central & State Government to know steps taken for constituting GST Tribunal

December 9, 2022 1257 Views 0 comment Print

Firmenich Aromatics Production (India) Pvt. Ltd. Vs Union of India (Gujarat High Court) Gujarat High Court issues notice to Central Government and State seeking to know steps to taken for constituting GST Tribunal. The Hon’ble Court issues notice to Central Government and State seeking to know steps taken for constituting GST Tribunal, even after the […]

Section 263 revision not valid for duly explained cash payment exceeding threshold limit to AO with documents

December 6, 2022 672 Views 0 comment Print

PCIT Vs Shukla Dairy Pvt. Ltd. (Gujarat High Court) We note that during the assessment proceedings, assesses had submitted before assessing officer (AO), the cash payment register and explained each of the item of proposed addition as per show cause notice of assessing officer. The cash payment register, which is placed at paper book page […]

HC stays penalty imposed on IRP for alleged negligence

December 3, 2022 1020 Views 0 comment Print

It was C.O.C which has not taken efficient measures to complete the C.I.R.P of the Corporate Debtor Company. Even in the summary findings where the order of the adjudicating authority is quoted, it is made out that it was not the case that the C.O.C had raised any dissatisfaction with regard to the conduct of the petitioner or that there had been a lapse on his part.

Effective date of Notification would be the date on which it has been digitally signed

December 3, 2022 6858 Views 0 comment Print

The Honble Gujarat High Court held that the Notification could not be said to have been published without declaration form or digital signature certificate. Only after the declaration form and documents are signed digitally that they can be uploaded for e-publishing which has been done on 06.03.2018 at 19:15 hours in the present matter. Therefore, the effective date of Notification in terms of Section 25(4) of the Act is the date of its publication in Official Gazette in e-mode on 06.03.2018.

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