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Gujarat High Court

Faceless Assessment Invalid if Draft Order not served Before Finalization: Gujarat HC

April 9, 2025 1896 Views 0 comment Print

Gujarat High Court quashes assessment order citing violation of faceless assessment rules and natural justice under Section 144B of Income Tax Act.

Refund granted as IGST on ocean freight on reverse charge is unconstitutional

April 8, 2025 1062 Views 0 comment Print

Gujarat High Court held that imposition of Integrated Goods and Services Tax [IGST] on ocean freight on reverse charge basis is unconstitutional thus voluntary payment of such IGST by the importer is refundable even after limitation period.

Addition under Faceless Assessment Scheme without issuance of notice not sustainable

April 7, 2025 2547 Views 0 comment Print

The entire procedure subsequent to obtaining further information, documents or evidence has not been gone through in case of the Petitioner, and straightaway, the impugned assessment has been finalized.

Section 68 Addition Unjustified as Loan Genuineness, Lender Capacity & Transaction Proven: Gujarat HC

April 7, 2025 1008 Views 0 comment Print

Gujarat High Court dismisses appeal, upholds addition of unexplained cash credit under Section 68, citing lack of genuine transactions.

Gujarat HC Quashes ITC Denial Under Sec 16(4), Remands Case Citing Retrospective Sec 16(5)

April 7, 2025 2796 Views 0 comment Print

Gujarat HC quashes orders denying ITC under Sec 16(4) to Shiv Construction. Remands case due to retrospective Sec 16(5) allowing ITC if returns filed by 30 Nov 21.

Different View by PCIT Doesn’t Make AO’s Order Erroneous or Prejudicial: Gujarat HC

April 5, 2025 1104 Views 0 comment Print

Gujarat High Court upholds ITAT ruling in PCIT vs Shreeji Prints, rejecting revision under Section 263 over inquiries into unsecured loans.

Gujarat HC Disposes of St. Jude Medical Petition Over CAG Audit Objections

April 4, 2025 648 Views 0 comment Print

St. Jude Medical India Private Limited Vs Union of India & Ors. (Gujarat High Court) Gujarat High Court has disposed of a petition filed by St. Jude Medical India Private Limited against the Union of India and other respondents. The case, argued by advocate Bharat Raichandani on behalf of advocate Rithik Jain for the petitioner, […]

Write-Back is not Turnover for Section 44AB Tax Audit: Gujarat HC

April 4, 2025 12663 Views 0 comment Print

Gujarat High Court rules write-back of provisions isn’t ‘turnover’ or ‘gross receipts’ under Sec 44AB, quashing tax return invalidation. Cites ICAI notes.

Reopening Based on Insight Portal Data Without Independent Opinion Unsustainable

April 4, 2025 1671 Views 0 comment Print

Gujarat High Court held that re-opening of assessment solely relying upon information made available on the insight portal, without forming any independent opinion, is unsustainable in law and hence liable to be quashed.

Passing of order u/s. 148A(d) without granting adjournment for furnishing reply is untenable

April 3, 2025 1509 Views 0 comment Print

Gujarat High Court held that passing of order u/s. 148A(d) of the Income Tax Act without considering reply filed by the petitioner by not granting adjournment time as prescribed u/s. 148A(b). Thus, order quashed and matter remanded back.

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