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Gujarat High Court

HC disapproves provisional attachment of goods, stock & receivables

January 27, 2022 1848 Views 0 comment Print

Utkarsh Ispat LLP Vs State of Gujarat (Gujarat High Court) In the case on hand, HC do not approve the provisional attachment of the goods, stock and receivables, more particularly, when the entire stock and receivables have been pledged and a floating charge has been created in favour of the Kalupur Commercial Bank Limited for […]

Mis-classification of Imported Goods- HC permits re-export of good on Furnishing of Bank Guarantee

January 27, 2022 1554 Views 0 comment Print

Additional Director General Vs Hazel Mercantile Ltd (Gujarat High Court) t appears from the materials on record that the respondent No.1 herein imported goods declaring the same to be ‘Naphtha’ classified under CTH 27101229. The goods were imported at the Kandla Port vide the Bills of Entry. It appears that the respondent No.2 herein – […]

Department to attend technical glitch issues on Income Tax Portal at the earliest

January 21, 2022 7467 Views 2 comments Print

Southern Gujarat Income Tax Bar Association Vs Union of India (Gujarat High Court) In today’s hearing through Video Conference, Mr. Y.K. Singh, DGIT (Systems) and Mr. Krishnamurthy, Additional Director General of Income Tax, also joined in the discussion. We had the advantage of hearing Mr. Singh as well as Mr. Krishnamurthy. Mr. Singh and Mr. […]

Imported Base Oil can be used as HSD or Automotive fuel in internal Combustion Engines: HC

January 20, 2022 6123 Views 0 comment Print

CESTAT ignored the fact that High-Speed Diesel imported under the guise of Base Oil SN 50 was being diverted as fuel by routing such goods through the purported manufacturers who claim to manufacture Bio-Diesel B100. Thus, department had es

Taxability of remuneration/interest not claimed by partnership firm in the hands of partners- HC Quashes assessment order

January 18, 2022 3771 Views 0 comment Print

Mamta Bhavesh Dave Vs ITO (Gujarat High Court) ITAT adjudicated the controversy as regards the deduction of remuneration/interest on the partners capital not claimed by the assessee i.e. the partnership firm in its profit and loss account. The Tribunal took notice of the fact that the CIT Appeals had directed to tax the amount of remuneration/interest […]

Directors’ personal property cannot be Attached to Recover Companies Sales Tax Dues

January 13, 2022 6861 Views 0 comment Print

Sunita Ramesh Bansal Vs Assistant Commissioner of State Tax (Gujarat High Court) It appears that Ms. Veena Bhagvandas Jindal from whom the writ applicant purchased the plot, at one point of time, was a Director in a Company by name the Jindal Alufoils Pvt. Ltd. According to the writ applicant, she came to know upon […]

GST refund cannot be rejected merely for Manual filing of refund application

January 13, 2022 3024 Views 0 comment Print

Ayana Pharma Limited Vs Union of India (Gujarat High Court) Section 54 of GST Act provides that any person claiming refund of any tax and interest, if any, paid on such tax or any amount paid by him, can make an application before the expiry of two years from the relevant date in any such […]

GST: Cash credit account of assessee cannot be provisionally attached

January 12, 2022 3957 Views 0 comment Print

Manish Scrap Traders Vs Principal Commissioner (Gujarat High Court) The law is well-settled that a cash credit account of the assessee cannot be provisionally attached in exercise of powers under Section 83 of the CGST Act. In view of the aforesaid, this writ-application succeeds and is hereby allowed. The order of provisional attachment of the […]

Electronic Credit Ledger automatically get unblocked after expiry of period of 1 year?

January 12, 2022 1818 Views 0 comment Print

Barmecha Texfab Pvt. Ltd. Vs Commissioner, Govt. of Gujarat (Gujarat High Court) Rule 86A of the CGST Rules, 2017 provided that the Electronic Credit Ledger can be blocked for a period of one year. On expiry of a period of one year, it would automatically get unblocked. In fact, it was the duty of the […]

HC disposes petition as department granted credit as per courts direction which was earlier not given

January 12, 2022 1701 Views 0 comment Print

Siddharth Enterprises Vs Nodal Officer (Gujarat High Court) 1. Since the issues raised in all the captioned applications are the same, those were taken up for hearing analogously and are being disposed of by this common order. 2. The order passed by this Court dated 22nd December 2021 reads thus: “1. We have heard Mr. […]

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