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Gujarat High Court

GSTN cannot avoid giving effect to Court order by giving excuse of technical glitches

February 10, 2022 1083 Views 0 comment Print

Wardwizard Innovations And Mobility Limited Vs Commissioner, SGST (Gujarat High Court) Learned AGP expressed an apprehension that even as on date, the respondent no.2 may not be in a position to give effect to the order passed by the appellate authority due to technical glitches. Mr. Sharma solicits the help of the respondent no.3 – […]

Section 138 of NI Act lies only in respect of enforceable debts – Gujarat High Court

February 10, 2022 7380 Views 0 comment Print

Held Issuance of warrant of attachment in respect of any property situated outside the local limits of jurisdiction is barred in view of the provisions of Section 39(4) of the Code of Civil Procedure and hence, the executing Court at Rajkot was directed to examine the matter afresh.

Employee Cannot Be terminated for misconduct without holding full scale inquiry

February 7, 2022 10611 Views 0 comment Print

Dineshbhai Dhudabhai Patel Vs State of Gujarat (Gujarat High Court) Facts in brief would indicate that the petitioner was working as a Junior Clerk (Administration). Pursuant to a selection held by the Gujarat Panchayat Services Selection Board, he was engaged in a five years contract basis by an order dated 08.12.2011. A complaint was filed […]

Section-281B provides for attachment of property of assessee only and of no one-else

February 7, 2022 13380 Views 0 comment Print

Raghunandan Enterprise Vs ACIT (Gujarat High Court) The plain reading of Section-281B of the Act would make it clear that the same provides for the provisional attachment of the property belonging to the assessee for a period of six months from the date of such attachment unless extended, but excluding the period of stay of […]

Negative blocking of ITC not allowed: Gujarat HC

February 3, 2022 12207 Views 1 comment Print

HC held that condition precedent for exercise of power under Rule 86A of the GST Rules is the availability of credit in the electronic credit ledger which is alleged to be ineligible. If credit balance is available, then the authority may, for reasons to be recorded in writing, not allow the debit of amount equivalent to such credit. However, there is no power of negative block for credit to be availed in future.

GST: Appellate Authority can provisionally release goods & vehicle- HC

February 3, 2022 2094 Views 0 comment Print

A K Enterprise Vs State of Gujarat (Gujarat High Court) HC clarified that even pending the Appeals, it shall be open for the writ applicant herein being the owner of the goods and the applicant of the Civil Application being the owner of the conveyance to prefer an appropriate application for the provisional release of […]

Every offence punishable under N.I. Act. is compoundable: HC

January 31, 2022 4821 Views 0 comment Print

Considering the object of Section 138 of the NI Act, which is mainly to inculcate faith in the efficacy of banking operations and credibility of transacting business through cheque as also taking into account the provisions of Section 147 which states that every offence punishable under this Act shall be compoundable. Further, it is mainly a transaction between the private parties where the State is not affected.

HC Quashes Section 147 Assessment as reason for reopening was not sustainable

January 28, 2022 3006 Views 0 comment Print

Giraben Atulbhai Shah Vs ACIT (Gujarat High Court) The objections raised by the assessee came to be disposed of by the Assessing Officer vide his order dated 16th November 2021 stating that the assessee sold immovable property for an aggregate value of Rs.52 Lakh and the same was not offered for tax in the return […]

HC disapproves provisional attachment of goods, stock & receivables

January 27, 2022 1929 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 1674 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 – […]

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