Gujarat High Court Quashes Case Transfer Over Due Process Breach
Gujarat High Court sets aside Section 148 notice and assessment for AY 2013-14 in Shilp Realty case, citing lack of independent application of mind and non-speaking order on objections.
Gujarat HC sets aside reassessment for Krupesh Thakkar. AO incorrectly invoked Sec 2(22)(e) for a loan assessee gave, not received from Rushil Decor Ltd.
The Gujarat High Court set aside reassessment proceedings against Harikishan Sunderlal Virmani, ruling the re-opening was beyond four years without proven non-disclosure and based on borrowed satisfaction.
Gujarat High Court held that requisition of seized cash allowed under section 132A of the Income Tax Act and directed that the income tax department shall be free to undertake all actions permitted under the law and shall deposit the entire amount in the P.D. Account.
Gujarat High Court has issued a rule on the constitutional validity of Section 16(2)’s second proviso in the CGST Act. The court declined to stay ongoing show cause notice proceedings, stating the petitioner can raise all contentions during adjudication.
In Malabar Industrial Co. Ltd. Vs. Commissioner of Income Tax, Kerala State reported in (2000) 243 ITR 83 Hon’ble apex court have held that The phrase “prejudicial to the interests of the Revenue” has to be read in conjunction with an erroneous order passed.
Petitioner engaged in manufacturing of Viscose Filament Yarn and allied chemicals and transferred the same to various depots/godowns /warehouses in different states upon payment of GST.
Gujarat High Court held that issuance of notice u/s. 148A(b) of the Income Tax Act in the name of deceased person is not sustainable since petitioner already registered legal heir. Thus, notice and order thereof quashed and set aside.
Gujarat High Court held that reassessment under section 148 of the Income Tax Act is liable to be quashed in as much as all the necessary information were supplied by the assessee and there was no failure to disclose any material fact. Accordingly, reopening quashed.
