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Gujarat High Court

SVLDR Scheme Benefit cannot be denied for procedural technicalities

October 19, 2022 1488 Views 0 comment Print

Substantive benefit of Sabka Vishwas [Legacy Dispute Resolution] Scheme cannot be denied to the on the ground of procedural technicalities

Adverse order passed under GST without opportunity of personal hearing is liable to be set aside

October 18, 2022 1884 Views 0 comment Print

Hitech Sweet Water Technologies Pvt. Ltd Vs State of Gujarat (Gujarat High Court) Challenge to the orders and preceding show-cause notices are based on the ground that the order came to be passed in gross violation of principles of natural justice inasmuch as the petitioner was not granted opportunity of being heard. By placing reliance […]

No penalty on cash loan taken by AOP from Members to meet urgent needs

October 16, 2022 2484 Views 0 comment Print

CIT Vs Panchsheel Owners Associations (Gujarat High Court) While completing the assessment, the Assessing Officer has noticed that the assessee, an AOP, borrowed loan of Rs. 40,00,000/- from Smt. Shantaben A. Patel, main promoter of the AOP, in cash for expeditious acquisition of land, in violation of section 269SS of the I.T. Act. Therefore, penalty […]

HC Grants Bail as GST evasion not quantified & GST officer not lodged any FIR/Complaint

September 27, 2022 1089 Views 0 comment Print

Considering the fact that the prosecution could not point out as to how much amount is misappropriated under the Input Tax Credit and that material part of investigation is not done, more particularly, when the GST Officer has not lodged any complaint or FIR against the applicant for any misappropriation of the Government funds or State Exchequer.

Misuse of document given for GST Registration: HC grant bail to person who allegedly introduced people to main accused

September 26, 2022 2283 Views 0 comment Print

Sureshbhai Ramanbhai Prajapati Vs State of Gujarat (Gujarat High Court) 1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with FIR No. 11191043220204 of 2022 registered with Shahpur Police Station, Ahmedabad City for offences punishable under sections 406, 420, 465, 467, 468, 471, 201 […]

Bail for GST Offences cannot be denied merely for ongoing investigation

September 25, 2022 1215 Views 0 comment Print

The department objected the bail application mainly on the ground that investigation is still under way. This Court is of considered view that, merely raising the contention that investigation is still going on is not enough, but, department should have point out that the further custody of the applicant is necessary.

GST Registration Cancellation- HC directs Dept to decide on revocation application

September 22, 2022 852 Views 1 comment Print

Purabdhani Enterprise Vs State of Gujarat (Gujarat High Court) In this case two show cause notice were issued for cancellation of GST Registration. While the earlier show cause notice dated 9.11.2021 seeking cancellation of registration was based on the ground that firm of the petitioner was non-existent and that business was not being run, the […]

Penalty on import of timber after granting relaxation is unconstitutional: HC

September 21, 2022 1788 Views 0 comment Print

N D Timbers Vs Union of India (Gujarat High Court) The core question of law which falls for consideration by this Court is whether the levy of five time fees in the form of penalty upon the petitioners on import of timber after granting them relaxation for such import will violate the provisions of Article […]

Parents would be treated as dependents under Motor Vehicles Act: HC

September 20, 2022 8817 Views 0 comment Print

HC held that Parents would be considered as dependents under Motor Vehicles Act and the compensation awarded to them would be computed on the basis of the income of the deceased for the last three years.

No Copyright Infringement If Person holds Certificate by Registrar

September 20, 2022 1326 Views 0 comment Print

Section 51 of Copyright Act, 1957 – If any person uses without permission of licence owner or from Registrar, any product would amount to infringement of copyright.

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