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Gujarat High Court

Alleged Harassment by GST Authorities – Taxpayer tried to Commit Suicide- HC issues Notices

February 15, 2021 4680 Views 1 comment Print

This is one more matter amongst many other matters that have come up before us over a period of time wherein serious allegations of threats, pressure, coercion, etc. have been levelled against the respondents Nos.3, 4 and 5 respectively. It is pointed out by Dr. Poddar, the learned counsel appearing for the writ applicants that the harassment was to such an extent that the writ applicant No.2 attempted to commit suicide

HC Grants bail to person allegedly involved in Rs. 9 Cr GST Evasion

February 11, 2021 591 Views 0 comment Print

It is submitted that it is a case of total evasion of GST and disposing the manufactured goods without showing any record about its manufacturing activity and clandestine purchase of such products without paying of any GST has resulted in evasion to the tune of Rs. 9 Crores and odd

GST Evasion Case: HC Grants Conditional Regular Bail

February 11, 2021 909 Views 0 comment Print

The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

Forced GST Payment, undue harassment, coercion- HC issues Notice

February 10, 2021 4197 Views 0 comment Print

That the officers conducting search proceedings also forced the management/directors of the company to make the payment of tax, interest and penalty at midnight. In fact the officers themselves have created the payment details in the system and the management was asked to make the payment.

GST: HC notice to UOI in alleged harassment & physical violence case

February 9, 2021 1317 Views 1 comment Print

This is one more matter wherein serious allegations of harassment, coercion, threats, etc. have been alleged against the respondents Nos.4 and 5 respectively herein. It appears that the search was undertaken under Section 67 of the Act at the premises of the writ applicant, and in the course of the search, the respondents Nos.4 and 5 are alleged to have caused undue harassment to the writ applicant. It is alleged that the writ applicant was forced and threatened to transfer an amount of Rs.2.68 Crore by way of the DRC – 03.

HC directs GSTN to help in transfer of ITC

February 8, 2021 858 Views 0 comment Print

Netrika Trends Vs Deputy Commissioner Appeals (Gujarat High Court) HC disposes writ­ application with a direction to the respondents that once the writ­ applicant comes forward with a request for transfer of the Input Tax Credit in accordance with the provisions contained in Section ­18 of the Act, the request shall be immediately look into […]

HC notice to GST Authorities for allegedly pressurising to transfer Rs.9 Cr to department account

February 5, 2021 1020 Views 0 comment Print

Assesssee alleged to have coerced and pressurized the writ applicant to transfer an amount of almost Rs. 9 Crore to the account of the department is shocking.

Reassessment justified in case there was enough material before AO

February 4, 2021 894 Views 0 comment Print

Reassessment by AO was justified as it could not be said that there was no material before AO to re­open the assessment and he proceeded mechanically based on the sole information received from the Investigation Wing and the impugned notice was without jurisdiction and contrary to Section 147.

Initiation of GST recovery proceedings without Opportunity to taxpayer- HC gives Opportunity

February 4, 2021 2085 Views 0 comment Print

Alkem Laboratories Limited Vs Union of India (Gujarat High Court) Recovery Proceeding under GST can be initiated only after 3 Months from the date of the service of the order A perusal of the provisions of Section 78, referred to above, would indicate that no recovery proceedings can be initiated against the assessee before the […]

HC grants Bail to person in alleged Rs. 9 Cr GST Evasion case

February 4, 2021 1188 Views 0 comment Print

It is submitted that it is a case of total evasion of GST and disposing the manufactured goods without showing any record about its manufacturing activity and clandestine purchase of such products without paying of any GST has resulted in evasion to the tune of Rs. 9 Crores and odd. It is submitted that before the Sessions Court, the applicant had made offer to deposit an amount of 10% of the tax evaded and therefore, the applicant must be directed to comply with such commitment given to the trial Court.

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