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Gujarat High Court

Detachable warrant has a conceivable cost of acquisition

February 14, 2023 831 Views 0 comment Print

Gujarat High Court held that detachable warrants have conceivable cost of acquisition and the same is deductible from sale consideration for calculation of capital gain.

Power of attachment of bank account can’t be used as a tool to harass assessee: HC

February 13, 2023 2928 Views 1 comment Print

The petitioner was engaged in the business of trading in coal. The department issued summons for recording of statement and production of sales and purchase registers. The director of petitioner was unable to attend and requested for adjournment.

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2014-15

February 13, 2023 8430 Views 2 comments Print

Vinod Fabrics Private Limited Vs ACIT (Gujarat High Court) Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2014-15, Post SC decision in UOI vs. Ashish Agrawal FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT 1. The petitioner seeks to challenge the notice issued under Section-148 of the […]

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2013-14

February 13, 2023 8622 Views 0 comment Print

Taru Pallav Projects Pvt. Ltd. Vs ITO (Gujarat High Court) Hon. Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2013-14, Post SC decision in UOI vs. Ashish Agrawal 1. The petitioner seeks to challenge the notice issued under Section-148 of the Income Tax Act, 1961 dated 30.06.2021. In […]

Refund of excess tax paid vis-à-vis ‘C’ forms granted

February 13, 2023 1347 Views 0 comment Print

Most of my judgements are getting sufficient views. Surely sometimes the analysis may turn out to be not satisfying However addressing the same with a tag that allocation of judgement will be stopped doesnt sound professional

Pre-deposit restricted to 15% of tax demand instead of 15% of total amount fixed by AO

February 13, 2023 1917 Views 0 comment Print

Gujarat High Court directed direct pre-deposit amount to be quantified @ 15% of the tax demand raised by the respondent rather than 15% of the total amount fixed by the Assessing Officer.

Provisionally attached movable property to be released on offer of immovable property

February 11, 2023 1659 Views 0 comment Print

Gujarat High Court held that as per CBIC circular dated 23.02.2021 provisionally attached movable property (including bank account) should be released when the taxable person offers any immovable property in lieu of the same.

IGST refund claim cannot be withheld when ITC towards purchase from risky supplier had already been reversed

February 10, 2023 2673 Views 0 comment Print

Choksi Exports Vs Union of India (Gujarat High Court) – IGST refund claim cannot be withheld when ITC towards purchase from risky supplier already been reversed

Show Cause Notice Devoid of Reasons and Vague is Bad in Law

February 8, 2023 5529 Views 0 comment Print

Virani Metal Industries v. State of Gujarat (Gujarat High Court) The Gujarat High Court in M/S Virani Metal Industries v. State of Gujarat (SCA No.13233 of 2022 decided on 30.11.2022) held that the SCN issued without reasons and vague is bad in law and liable to be set aside. FACTS M/s. Virani Metal Industries (hereinafter […]

Passing of reassessment order without providing an opportunity of hearing is against principle of natural justice

January 27, 2023 1515 Views 0 comment Print

Gujarat High Court held that passing of reassessment order, alleging failure of submission of Form-F due to Covid lockdown, without providing an opportunity of hearing is against the principle of natural justice and hence liable to be quashed.

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