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Gujarat High Court

Section 14 SARFAESI Act: Adjudicatory Powers not vested with District Magistrate

May 17, 2022 28587 Views 0 comment Print

Bajaj Finance Ltd. Vs LD. District Collector (Gujarat High Court) On perusal of the section 26E and Section 14 of the SARFAESI Act, it is clear that the District Magistrate has to discharge the ministerial act of providing assistance to the secured creditor to take physical possession of the secured assets when the secured creditor has […]

HC directs dept to consider application for revocation of cancellation of registration in physical form

May 13, 2022 429 Views 0 comment Print

Madhav Copper Limited Vs State of Gujarat (Gujarat High Court) Mr. Bairagar, the learned AGP, wants the writ applicant to apply for revocation of the cancellation of registration in the requisite Form GST REG 21 Online at the GST common portal in accordance with the provisions of Section 30 of the GGST Act read with […]

No tax on interest awarded by Motor Accident Claim Tribunal

May 12, 2022 24918 Views 0 comment Print

Interest paid for the delay in depositing the awarded amount allowed by the MACT in the accident case would not form part of the compensation and, therefore, would fall into the bracket of interest income and would be eligible to tax under the normal provisions.

Interest on Delayed Gratuity Payment is Mandatory & Not Discretionary

May 8, 2022 34896 Views 0 comment Print

Ashvinkumar Ramniklal Jani Vs State of Gujarat (Gujarat High Court) Apex Court in the case of Gangahanume Gowda Vs. Karnataka Agro Industries Corporation Ltd. reported in (2003) 3 SCC 40 has decided the interest on delayed payment of gratuity. It is also held that the same is mandatory and not discretionary. When it is not […]

Writ not entertained by Gujarat HC as petitioner assessed to tax at Cuttack

May 8, 2022 1485 Views 0 comment Print

The impugned notice under Section 148 of the Act, 1961 was also issued at Cuttack. The return of income for the A. Y. 2015-16 was also filed at Cuttack. The final assessment order dated 29th December 2017 for the A. Y. 2015-16 was also passed at Cuttack. We are of the view that we should not entertain this writ application and relegate the writ applicant to file an appropriate writ application before the High Court of Orrissa at Cuttack.

Mandatory 1/3rd deduction of land is ultra-vires: HC

May 6, 2022 20601 Views 0 comment Print

Munjaal Manishbhai Bhatt Vs Union of India (Gujarat High Court) HC held that impugned Paragpragh 2 of the Notification No. 11/2017-Central Tax (Rate) dated 28.6.2017 and identical notification under the Gujarat Goods and Services Tax Act, 2017, which provide for a mandatory fixed rate of deduction of 1/3rd of total consideration towards the value of […]

Reassessment u/s 28 is permissible to officer, who carried out initial assessment, and not to DRI

May 2, 2022 1827 Views 0 comment Print

While analyzing Section 28A(4) of the Customs Act, the Apex Court in the case of M/s. Canon India Pvt. Ltd., has held that the provision must be construed as conferring the power of such review on the same officer or his successor who has been assigned the function of assessment. An officer who did the assessment could only undertake reassessment and after extensive analysis, the Court held that the entire proceeding initiated by the Additional Director, General of DRI by issuing show cause notices in all the matters are invalid, without any authority of law and liable to be set aside and accordingly, ensuing demands also have been set aside.

Municipal corporation cannot claim first charge over property sold by liquidator via E-auction

May 2, 2022 2364 Views 0 comment Print

Gujarat HC decision on Surat MC’s claim on property tax arrears after liquidation. Section 141 of GPMC Act examined. Legal analysis and implications here.

Retrospective amendment of policy cannot take away vested rights of exporters

May 1, 2022 5412 Views 0 comment Print

In the context of Export Import Policy 2002-07 it was held that the policy could not have been retrospectively amended by the Government without there being any express power in this regard and that in any case the retrospective amendment of policy cannot take away vested rights of the exporters.

HC grants bail to person accused of GST evasion of Rs. 7.56 Crore

April 28, 2022 1539 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs State of Gujarat (Gujarat High Court) The details of the tax evasion of the respective accused arraigned in the complaint, reveal that the total tax evasion of the applicant’s Company Heugo Metal is shown as Rs.4,51,05,130/- which is less than 5 crores. It is further revealed that the tax liability of […]

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