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Gujarat High Court

HC decline to instruct Ministry to reappoint Petitioner as judicial member of NCLT

December 1, 2022 708 Views 0 comment Print

Manorama Kumari D/O. Uma Shankar Prasad Vs Union of India (Gujarat High Court) Petitioner has prayed for issuance of writ of mandamus or certiorari or any other writ to direct the respondent Ministry of Corporate Affairs, Union of India, to complete the process of reappointment of the petitioner within time period. The second limb of the prayer […]

Explanation of nature of dispute not required in notice issued u/s 21 of Arbitration and Conciliation Act

November 21, 2022 1488 Views 0 comment Print

Gujarat High Court held that notice invoking arbitration clause issued under section 21 of the Arbitration and Conciliation Act, 1996 doesn’t require that the nature of dispute has to be enumerated or explained in the notice.

Genuineness of transaction examined during regular assessment cannot be base for reassessment

November 21, 2022 723 Views 0 comment Print

Gujarat High Court held that details relating to share application money from the four entities was supplied by the assessee during regular assessment and AO was satisfied with the genuineness of the same Hence reopening the assessment doubting the same entries on the basis of change of opinion is unsustainable.

No concealment penalty if expense claimed twice reversed in subsequent year

November 21, 2022 558 Views 0 comment Print

It is not in dispute that the assessee accounted for provision of interest twice by mistake and on realising such mistake, necessary rectification entries were passed in the subsequent year and the same was offered as income.

Relief u/s 80CCC(1) not claimed so policy surrender value not taxable u/s 80CCC(2)

November 18, 2022 3630 Views 0 comment Print

Gujarat High Court held that amount invested in the pension policy is not claimed as relief under section 80CCC(1) and hence policy surrender value thereon is not taxabie under section 80CCC(2) of the Income Tax Act.

HC deletes addition for Foreign Exchange Fluctuation Earning not related to Business Activity

November 16, 2022 627 Views 0 comment Print

CIT Vs Hazira LNG Pvt Ltd (Gujarat High Court) CIT(A) recorded a finding that earning of the assessee from foreign exchange fluctuations was not in connection with its business activity. The finding was in the realm of appreciation of facts and material, therefore, is factual in nature. Such a finding came to be affirmed by […]

Reassessment based on same material examined in regular assessment is erred in law

November 7, 2022 1416 Views 0 comment Print

Gujarat High Court held that change of opinion on the part of the Assessing Officer acting on the same material which was examined by him in the regular assessment is erred in law.

GST – Opportunity of personal hearing must be provided despite no such request: HC

November 5, 2022 6951 Views 0 comment Print

Graziano Trasmissioni India Private Limited Vs State of Gujarat (Gujarat High Court) The stand on the part of the Department is that the Online Portal mode was chosen by the petitioners, which had resulted in the entire matter having been proceeded Online. The opportunity of hearing was not granted since the same was not requested […]

Revival of Proceedings after keeping in call book for 15 years without intimating noticees is unsustainable

November 4, 2022 696 Views 0 comment Print

Siddhi Vinayak Syntex Pvt. Ltd. Vs Union of India (Gujarat High Court) With effect from the year 2011 a time limit has been prescribed for determining the amount of duty of excise where it is possible. It cannot be gainsaid that when the legislature prescribes a time limit, it is incumbent upon the authority to […]

Bail allowed to GST Accused for fraudulent availing of Input Tax Credit amounted to Rs 10.71 Cr

November 3, 2022 1095 Views 0 comment Print

Gujarat High Court had recently, while deciding upon an application filed under section 439 of the Code of Criminal Procedure, granted bail to a GST accused for fraudulently availing input tax credit worth Rs 10.71 crores, in respect of fiction transactions amounting to Rs 59.55 cores as the department already had sufficient time to investigate their claim and to gather evidence, which they had alleged were in connection with fraudulent claim of Input Tax Credit and alleged evasion.

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