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Gujarat High Court

Refund IGST on Ocean Freight along with Interest: Gujarat HC

June 8, 2022 1299 Views 0 comment Print

Adi Enterprises Vs Union of India (Gujarat High Court) Applicants prayed to direct respondents to grant refund of amount of IGST already paid by the applicants on Ocean Freight pursuant to the Entry No.10 of Notification No.10/2017-IGST (Rate) dated 28.6.2017 with appropriate interest on such refund. On appeal HC held that respondents are hereby directed […]

HC quashes GST Registration cancellation order for being a Vague & non­speaking 

June 7, 2022 1494 Views 0 comment Print

Sing Traders Vs State of Gujarat (Gujarat High Court) On bare perusal of the the contents of the show cause notice as well as the impugned order, we find that the said show cause notice is absolutely vague, bereft of any material particulars and the impugned order is also vague and a non­speaking order. We […]

Gujarat HC Restores GST Registration

June 5, 2022 1341 Views 0 comment Print

Manmish Traders Private Limited Vs State of Gujarat (Gujarat High Court) 1. Rule returnable forthwith. Mr. Utkarsh Sharma, the learned AGP waives service of notice of rule for and on behalf of the respondents. 2. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:- 12(a) […]

Court can interfere in contractual matters only if there is arbitrariness, irrationality, malafides & bias

June 3, 2022 4584 Views 0 comment Print

It is no-doubt true that normally, Court would be loath to interfere in contractual matters unless a clear-cut case of arbitrariness or malafides or bias or irrationality is made out and Court must realize their limitations and the havoc which needless interference in commercial matters can cause.

Service tax not payable on services rendered by partners to partnership firm

June 2, 2022 2217 Views 0 comment Print

There cannot be a service provider – service recipient relationship between a partner and partnership firm when a partner discharges his duties as a partner pursuant to deed of partnership. Hence no service tax is payable on the activities performed by the respondent in the capacity of partner to the firm.

Cancellation of GST registration & rejection of revocation application without hearing not sustainable

May 26, 2022 9480 Views 0 comment Print

Order of cancellation of registration and order rejecting application seeking revocation of cancellation are not sustainable as hearing was not granted and proper reasons were not assigned, violating principles of natural justice; Show cause notice issued is bereft of any material particulars and the same is quashed

Generation of LPG, a by-product, cannot hinder the fact that entire quantity of input and input services used for manufacture of dutiable product

May 21, 2022 450 Views 0 comment Print

Principal Commissioner Vs Reliance Industries Ltd. (Gujarat High Court) Generation of LPG, a by-product, cannot hinder the fact that entire quantity of input and input services used for manufacture of dutiable product Facts- The respondent is engaged in the manufacture of excisable goods like Motor Spirit, High Speed Diesel, LPG etc. It is the case […]

Tax Recovery: Property cannot be attached without ascertaining its Ownership

May 18, 2022 1785 Views 0 comment Print

Pravin Talakshibhai Kotak Vs PCIT (Gujarat High Court) HC held that  Principal Commissioner shall look into all documents which are on record and take an appropriate call as regards the attachment of the property-in-question. FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT By this writ application under Article 226 of the Constitution of India, […]

HC condones delay of 3330 Days occurred due to Inaction of Advocate

May 17, 2022 10815 Views 1 comment Print

Condoning delay of 3330 Days HC held that a party should not suffer due to inaction of advocate & matter should be decided on merits

Section 14 SARFAESI Act: Adjudicatory Powers not vested with District Magistrate

May 17, 2022 28827 Views 0 comment Print

Bajaj Finance Ltd. Vs LD. District Collector (Gujarat High Court) On perusal of the section 26E and Section 14 of the SARFAESI Act, it is clear that the District Magistrate has to discharge the ministerial act of providing assistance to the secured creditor to take physical possession of the secured assets when the secured creditor has […]

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