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Gujarat High Court

Take practical view of problems faced by assessees for technical glitches on new Income Tax portal: HC

January 12, 2022 6378 Views 0 comment Print

We request the authority concerned to take a practical view of the problems which the assessees are facing as on date on account of the technical glitches in the portal. The authority should not overlook this fact and try to solve the problems or rather ease the difficulties which the assessees are facing.

Customs cargo service provider not entitled to charge any rent or demurrage on goods seized or detained or confiscated by Superintendent of Customs

January 12, 2022 3120 Views 0 comment Print

Green Gold Timbers Pvt. Ltd. Vs Commissioner of Customs (Gujarat High Court) The short point that falls for our consideration is, whether the customs cargo service provider (respondent no.3 herein) is entitled to charge any rent or demurrage on the goods seized or detained or confiscated by the Superintendent of Customs or Appraiser or Inspector […]

Electronic Credit Ledger automatically gets unblocked after 1 Year

January 12, 2022 4581 Views 0 comment Print

Rule 86A itself has 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 authority concerned to permit the assessee, i.e. the writ-applicant, to avail the input credit available in his ledger

Due Date Extension Case- Extension denied, HC directs UOI to attend technical glitches on Portal – Penalty interest Issues considerable at Assessment Stage

January 11, 2022 14634 Views 1 comment Print

Chartered Accountants Association, Surat Vs. Union Of India (Gujarat High Court)  HC refuses to Extend Due date of Filing The Tax Audit Report Mr. Poddar, the learned counsel made a request that the deadline of 15.01.2022 for the purpose of filing the audit report may be extended to 15.02.2022. We are not inclined to go […]

Goods in transit cannot be confiscated for Under-valuation & Wrong Route

January 6, 2022 7827 Views 0 comment Print

Gujarat High Court quashed the Confiscation Notice GST MOV-10 and observed that goods in transit cannot be confiscated on the grounds of Under-valuation and Wrong Route.

Properties/Electronic Credit Ledger of assesse cannot remain provisionally attached/blocked after expiry of 1 year

January 6, 2022 954 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs State of Gujarat (Gujarat High Court) The orders of provisional attachment under challenge could be said to have been outlived statutory right considering the fact that the orders impugned are dated 23.07.2019 and it would cease to operate on expiry of period of one year as prescribed under Section-83. The attention of […]

Bogus billing allegation in SCN should be supported by some documentary evidences

January 6, 2022 8784 Views 0 comment Print

Vageesh Umesh Jaiswal Vs State of Gujarat (Gujarat High Court) The whole object of issuing a show-cause notice is to make the recipient of the notice understand what the authority is trying to convey and what are the nature of the allegations. In the case on hand, when there are allegations of bogus billing, it […]

Indiscriminate Issue of SCN by CGST dept Surat to textile processors under Service Tax Law- HC issues Notice

January 6, 2022 1815 Views 0 comment Print

South Gujarat Textile Processors Association Vs Union of India (Gujarat High Court) 1. The draft amendment, as prayed for, is allowed. The necessary incorporation shall be carried out at the earliest. 2. We have heard Mr. S.S. Iyer, the learned counsel appearing for the writ applicants and Mr. Lodha, the learned standing counsel appearing for […]

Pre-consultation notice not achieve its object if sufficient time not given to Assessee

January 5, 2022 627 Views 0 comment Print

Our attention has been drawn to a recent pronouncement of this High Court in the case of Dharamshil Agencies vs. Union of India, Special Civil Application No.8255 of 2019 decided on 23.07.2021 wherein a Co-ordinate Bench of this Court observed that the exercise of pre-consultation should not be a mere eye-wash. Pre-consulation should be meaningful.

Cash credit account cannot be provisionally attached- HC issues contempt notice to Principal Commissioner

January 5, 2022 4272 Views 0 comment Print

Manish Scrap Traders Vs Principal Commissioner (Gujarat High Court) Way back in the year 2016, in the case of Kaneria Granito Ltd. vs. Assistant Commissioner of Income Tax, Special Civil Application No.14497 of 2014 decided on 27.06.2016, a Co-ordinate Bench of this Court took the view that a cash credit account cannot be provisionally attached. […]

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