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Gujarat High Court

Reopening based on borrowed satisfaction is invalid

March 13, 2022 4755 Views 0 comment Print

Surani Steel Tubes Limited Vs ITO (Gujarat High Court) High Court noted that the entire base for reopening assessment is on the premise that there was ‘information’ supplied by the Investigation Wing and the Assessing Officer has made cursorily reference to high value transaction of Rs.26,42,027/- as well as also referred to accommodation entry entered […]

HC slams GST Dept for using Coercive Measures to Meet Revenue Collection Charges

March 9, 2022 3993 Views 0 comment Print

Wipro Ltd. Vs State of Gujarat (Gujarat High Court) in the absence of any debtor – creditor relationship, the department could not have asked the bank to debit the accounts of the writ applicant – company and credit a particular amount as specified in the notices to the treasury of the State Government. We may […]

7% statutory Interest payable on delayed GST Refund

March 9, 2022 1815 Views 0 comment Print

SNG Impex Through Proprietor Satya Narayan Gupt Vs Principal Commissioner of Customs (Gujarat High Court) At the outset, Mr. Choudhary, the learned counsel submitted that during the pendency of the present writ application, the refund of IGST of Rs.7,69,093/- has been sanctioned and paid to the writ applicant by way of a cheque. However, his […]

HC grants bail to STO accused of false VAT Challan postings & Assessment

March 8, 2022 1002 Views 0 comment Print

Ashwinbhai Kantilal Joshi Vs State of Gujarat (Gujarat High Court) It is alleged against the present applicant, a Sales Tax Officer, who retired as Tax Superintendent, that in connivance with Advocate Kamlesh Heruwala and others, under the VAT Act, fraudulent postings and assessment had been done in relation to the registered traders. After hearing The applicant […]

Passing of fraudulent ITC by creating bogus firms- HC grants bail to accused

March 7, 2022 1584 Views 0 comment Print

Mohsin Salimbhai Qureshi Vs State of Gujarat (Gujarat High Court) Present Bail application was filed by, the present applicant, who was allegedly found indulged in receiving and passing of fraudulent ITC to their buyers by way of creating a chain of bogus firms, without physical receipt and supply of goods. HC observed that Section 132(1)(i) […]

Vested right of taxpayer cannot be defeated for Technical Glitches in GSTN

March 6, 2022 5595 Views 1 comment Print

Bodal Chemicals Ltd. Vs Union of India (Gujarat High Court) HC held that GST department cannot raise their hands in despair saying that it is not possible to correct or take care of the technical glitches. The writ applicant herein has been running from pillar to post requesting the respondents to provide a solution and […]

AO should exercise Discretionary power as per the rules of reason & justice: HC

March 4, 2022 4092 Views 0 comment Print

Harsh Dipak Shah Vs Union of India (Gujarat High Court) Facts- The writ applicant prayed for waiver of 20% of the pre-deposit essentially on four grounds (i) high pitched assessment (ii) only source of income through Avani Petrochem Pvt. Ltd. (iii) stereo type order passed by the Principal Commissioner and (iv) adverse effect on the […]

Entitlement To Refund Rests With Those Who Bear Ultimate Burden of Tax Under Central Sales Tax Act: Gujarat High Court

February 24, 2022 951 Views 0 comment Print

Saint-Gobain India Private Limited Vs Union of India (Gujarat High Court) It appears from the materials on record that the writ applicant is seeking direction to the respondents to forthwith grant the refund of the amount of Rs.2,30,11,188/- collected from the writ applicant by the seller of natural gas and deposited with the respondent authorities […]

Gujarat HC directed physical issuance of notice and order till clearance of technical glitches in GSTIN

February 24, 2022 6162 Views 0 comment Print

Aggarwal Dyeing and Printing Works Vs State of Gujarat (Gujarat High Court) Facts- The writ applicant is a sole proprietary concern and is engaged in the business of manufacturing of dyeing and printing fabrics. The writ applicant was a registered dealer holding GSTIN with effect from 04.08.2017. The copy of such registration certificate in the […]

Rule 86A: Order blocking ECL passed without satisfaction by Competent Authority is invalid

February 23, 2022 8319 Views 0 comment Print

New Nalbandh Traders Vs State of Gujarat (Gujarat High Court) Rule 86A has two pre-requisites to be fulfilled before the power of disallowing of debit of suitable amount to the Electronic Credit Ledger or blocking of ECL to the extent of the amount fraudulently or wrongly availed of is exercised. The first pre-requisite is of […]

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