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Gujarat High Court

Provisional attachment after expiry of one year breaches Section 83 provisions of CGST Act

October 21, 2021 2502 Views 0 comment Print

Formative Tex Fab Through Its Partner Ratan Kumar Saraf Vs State of Gujarat (Gujarat High Court) HC held that continuing the attachment after completion of one year is violative of provisions of Section 83 of the CGST / GGST Act, 2017. HC held that State cannot insist on continuing with something which is impermissible under the law. HC […]

No reassessment beyond 4 years on issue already dealt during original assessment

October 19, 2021 3816 Views 0 comment Print

Saurabh Natvarlal Soparkar Vs ACIT (Ahmedabad High Court) it is evident that a specific query was raised by the Assessing Officer with respect to Section 14A and the same was appropriately replied by the writ applicant. The same was accepted at the relevant point of time. Once again the very same issue is sought to […]

HC makes scathing remarks against dept for not allowing filing of Form Trans-1

October 14, 2021 3942 Views 0 comment Print

HC directs Department is to open the portal and allow the Petitioner to file declaration in Form GST TRAN-1 and GST TRAN-2 so as to enable them to claim the transitional credit of the eligible duties in respect of the inputs held in stock on the appointed day in terms of Section 140(3) of the CGST Act.

It is illegal to attach Director’s personal property for recovery of sales tax dues

October 8, 2021 5166 Views 0 comment Print

The only question that arises is whether for the purpose of recovery of sales tax dues under the Gujarat Value Added Tax Act and Gujarat Sales Tax Act against the private limited company, the personal property belonging to the Managing Director of such company can be attached.

A change of opinion cannot be the basis of reopening the completed assessment

October 5, 2021 2574 Views 0 comment Print

JRS Pharma and Gujarat Microwax Private Limited Vs DCIT (Gujarat High Court) Question of law: whether the revenue is justified in reopening the assessment for the year under consideration? Writ application filed before the Hon’ble HC of Gujrat challenging notice u/s 148 of the Income Tax Act, 1961 for reopening the assessment for AY 2013-14. […]

Authorities shall provide opportunity of hearing before arriving at any figure in demand Notice

September 27, 2021 1773 Views 0 comment Print

In present facts of the case, the Hon’ble High Court quashed the recovery Notice issued by SEBI as no opportunity of hearing was provided to the petitioner and no mechanism/ calculation was provided by the recovery officer on the basis of which demand could be sustained.

Detention of goods – Delay in e-way bill – HC ask dept to pass speaking order

September 23, 2021 1797 Views 0 comment Print

AB Traders Vs State of Gujarat & 1 Other(S) (Gujarat High Court) 1. The petitioner, which is a proprietorship firm, received order for purchase of arecanut from a buyer in New Delhi. The petitioner appointed transporter for such transportation. It was specifically conveyed to the transporter that movement of goods was to be commenced only […]

Section 153C notice issued to a dead person, is unenforceable in law

September 21, 2021 5307 Views 1 comment Print

Late Bhupendra Bhikhalal Desai (Since Decd.) Through Legal Heir Raju Bhupendra Desai Vs ITO (Gujarat High Court) The only proposition of law that is applicable in the present litigation is that a notice, be it under Section 148 of the Act or Section 153C of the Act, issued to a dead person, is unenforceable in […]

Reopening to further disallow expenses under section 14A on change of opinion is invalid

September 13, 2021 1653 Views 0 comment Print

Sandesh Procon LLP Vs ACIT (Gujarat High Court) A bare perusal of the reasons and original the assessment order made under Section 143(3) of the Act, the facts emerge that, the respondent authority had determined the issue of disallowance after considering the material available and now again without any tangible material available with the Assessing […]

HC Directs petitioner to apply for provisional release of goods to Custom Authorities

August 28, 2021 1365 Views 0 comment Print

Hazel Mercantile Ltd. Vs Chief Commissioner of Customs (Gujarat High Court) We find from the records of the case is that the though it is a stand of the Union of India that there can be no provisional release of goods pending seizure for which reliance is placed on a decision in the case of […]

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