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Gujarat High Court

Interest on delayed GST payment leviable on net liability

September 19, 2022 2352 Views 0 comment Print

Whether interest on delayed GST payment as per section 50 of CGST Act, 2017 can be levied on gross tax liability instead of net liability?

Reopening of assessment based on Investigation Report of other Assessee justified

September 18, 2022 2217 Views 0 comment Print

S. Raheja Realty Pvt. Ltd. Vs Office of Income Tax Officer (Gujarat High Court) On perusal of the Explanation (1) of the Section 148, it is clear that that for the purpose of Section 148A, the information with the Assessing Officer which suggests that the income chargeable to tax has escaped assessment means any information […]

GST: No rule that bail should be denied in every case of economic offence

September 14, 2022 1350 Views 0 comment Print

Bharat Gordhandas Patel Vs State of Gujarat (Gujarat High Court) HC allows bail for GST related offence on deposit of Rs. 10 Lakh in Six Instalments and held that even on allegations of grave economic offence, it is not a rule that bail should be denied in every case and whether bail is granted or […]

Application seeking police custody not maintainable after expiry of 15 days from arrest & first remand of accused

September 13, 2022 13779 Views 0 comment Print

Yogeshbhai Naginbhai Vora Vs State of Gujarat (Gujarat High Court) The only question that falls for consideration of this Court is whether the police custody / remand of the petitioner – accused can be ordered by the Court pending adjudication and in an interregnum time, when the initial period of 15 days is over? The […]

Gujarat HC allows availment of Transitional Credit – Follows SC Order

September 13, 2022 1074 Views 0 comment Print

Unique Infra Space Pvt. Ltd. Vs Union of India (Gujarat High Court) All the captioned petitions constitute a group and what the petitioners have prayed is to direct the respondent authorities to permit the petitioners to file ‘Form GST Tran-I’ to enable the petitioners to claim the carried forward eligible duties of CENVAT/Input Tax Credit […]

Transitional credit can be claimed till 31.10.2022: Gujarat HC

September 13, 2022 459 Views 0 comment Print

Prayagraj Dyeing And Printing Mills Pvt. Ltd Vs Union of India (Gujarat High Court) Heard learned advocate Mr. Anand Nainawati for the petitioner, learned advocate Mr. Utkarsh Sharma for the Union of India and learned Assistant Government Pleader Mr. Trupesh Kathiriya for the respondent State and its authorities. 2. The petitioner M/s. Prayagraj Dyeing and […]

HC allows carry forward of unutilised transitional credit as per SC decision

September 12, 2022 1932 Views 0 comment Print

Aarti Industries Limited Vs Union of India (Gujarat High Court) The petitioner wants to file ‘Form GST Tran-I’ to enable the petitioner to claim the carried forward eligible duties of CENVAT/ Input Tax Credit on account of Service Tax, Central Excise and Gujarat Value Added Tax on the appointed day i.e 30.6.2017 in terms of […]

Writ Jurisdiction cannot be invoked to challenge Section 13(2) SARFAESI Notice

September 7, 2022 6165 Views 0 comment Print

In present facts of the case, the Hon’ble High Court while dismissing the Writ Petition under Article 226 held that Notice issued by Bank under Section 13(2) of the SARFAESI Act, 2002 cannot be challenged by invoking Writ jurisdiction as effective alternate remedy has been provided under Section 17 of the Act.

Electricity Connection cannot be denied for pending Dispute of Land Ownership

August 26, 2022 7584 Views 0 comment Print

Company cannot decide disputed question of right & title, ownership or right of occupancy has no nexus with grant of electrical connection

Arbitration application u/s 11(6) not maintainable as barred by limitation

August 20, 2022 2742 Views 0 comment Print

Held that application u/s 11(6) for appointment of an arbitrator after the period of cause of action got extinguished is not maintainable

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