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Gujarat High Court

Technical Glitch cannot be a reason for Non-Payment of GST Refund

October 28, 2021 3888 Views 0 comment Print

Nayara Energy Limited Vs Union of India (Gujarat High Court) On substantive part, there is no adjudication which is necessary as the respondent – authority agrees to credit the amount of Rs.50,88,42,582/- in account of the petitioner and sum of Rs.39,05,121/- in the account of the Consumer Welfare Fund by issuance of payment advice RFD-05. […]

Banks cannot retain original documents of property for dues of another loan taken under PMMY

October 28, 2021 6144 Views 0 comment Print

Bank could not withhold the original documents of the mortgage property in question for another dues under PMMY scheme, once assessee had repaid the loan as the financial assistance advanced by bank under PMMY Scheme was advanced without any collateral security.

HC issues notice on Plea challenging Constitutional Validity of CGST Rule 90(3)

October 22, 2021 1278 Views 0 comment Print

Rule 90(3) read with the Circular dated 18.11.2019 providing for fresh application after deficiency memo to also be filed within limitation for original application is ultra vires

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

October 21, 2021 2637 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 3870 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 4359 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 5742 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 2631 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 1866 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 1839 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 […]

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