Sponsored
    Follow Us:

Gujarat High Court

Circular cannot prescribe particular time period, which is otherwise not provided in a statute

February 2, 2021 3021 Views 0 comment Print

The Principal Commissioner Of Customs, Mundra Vs LYKIS Limited (Gujarat High Court) From the above Section, it is clear that no time limit is prescribed. We find that the request of the appellant for conversion was rejected on the sole ground of limitation as prescribed under Board Circular No. 36/2010­ Cus. We find that since […]

Documents not relied in GST SCN needs to be returned Under Proper Receipt

February 1, 2021 1557 Views 0 comment Print

Universal Dyechem Private Limited Vs Union of India (Gujarat High Court) Once the show-cause notice is issued to the party concerned, the documents/records, which have not been relied upon, should be returned to the party. This is what even is suggested in the master circular dated 19.01.2017 which has been referred to in the representation. […]

Withholding of refundable VAT contravenes Section 36 of VAT Act

February 1, 2021 1503 Views 0 comment Print

Dharti Quarry Works Vs State of Gujarat (Gujarat High Court) We are of the view that there is no legal justification for withholding the amount referred to above, which is otherwise refundable to the writ applicants in passing of any assessment orders for the relevant assessment years. It could be said that such withholding of the refund is contrary […]

GST: Documents not relied upon in SCN required to be returned

February 1, 2021 5745 Views 0 comment Print

Documents/records which are not relied upon in the show-cause notice, are required to be returned under proper receipt to the person from whom those are seized.

GVAT: Section 35 power cannot be exercised after expiry of 5 years

January 29, 2021 2688 Views 0 comment Print

Saurashtra Ferrous Pvt. Ltd. Vs State Tax Officer (Gujarat High Court) It is an admitted fact that the respondents-authorities have not invoked the Section 39 of the GVAT Act, which provides the powers to withhold the refund in certain cases. After considering the facts and circumstances of the case, we are of the view that […]

HC allowed IGST refund against artificially inflated CGST & SGST

January 29, 2021 966 Views 0 comment Print

Radheshyam Spinning Pvt Ltd Versus Union Of India (Gujarat High Court) After the present writ application was filed on 18th December 2020, Section 49 of the CGST came to be amended w.e.f. 01/02/2019 and new Section 49A and Section 49B were inserted in the said Act. By virtue of power under Section 49B, Rule 88A […]

HC orders release of Trucks seized from office premises of writ applicant

January 28, 2021 876 Views 0 comment Print

Surya Roadways Vs Senior Intelligence Officers (SIO) (Gujarat High Court) The short point for the consideration of this Court is whether the two trucks could have been seized under Section 129 of the Act, 2017, more particularly when both the trucks were not in transit carrying any goods. Indisputably both the trucks were seized from […]

GST: HC accepts Plea Challenging Provisions regarding Deemed Value of Land Instead of Actual Cost

January 27, 2021 1953 Views 0 comment Print

The subject matter of challenge in the present writ application is to the Entry No.3(if) of the Notification No.11/217 -Central Tax (Rate) dated 28th June, 217 read with Para-2 of the said notification. It appears that the writ applicant has entered into an agreement with a developer, i.e., the fourth respondent herein with respect to a purchase of plot of land

Delay at the end of the ARA may frustrate the investigation: HC

January 27, 2021 441 Views 0 comment Print

M/S Sdb Diamond Bourse Vs Union Of India (Gujarat High Court) Mr.Vyas is right to a certain extent that the issues raised by the writ­ applicants before the ARA have been gone into by the Commissioner in the Order in Original. In other words, the Authority, in its order dated 16th July 2020, has adjudicated […]

GST registration cancellation order cannot be passed without issuing SCN

January 27, 2021 1002 Views 0 comment Print

Syed Jafar Abbas Vs Commercial Tax Officer (High Court Gujarat) The subject matter of challenge in the present writ application is to the impugned order dated 04.06.2020 cancelling the GST registration of the writ applicant w.e.f. 24.10.2018. We need not delve much into the facts of this litigation as the order impugned deserves to be […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031