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Gujarat High Court

HC allow reopening in the case related to accommodation entries

August 27, 2021 2532 Views 0 comment Print

Geetaben Dineshchandra Gupta Vs ITO (Gujarat High Court) Geetaben Dinesh chandra Gupta (Petitioner) has filed the current petition challenging the notice dated March 23, 2019 which proposed the reopening of assessment of the Petitioner under Section 148 of the Income Tax Act, 1961 (the IT Act). The Petitioner contended that even after the petitioner disclosed […]

Reference to TPO invalid if AO not satisfied about income arising and/or being affected on determination of ALP

August 26, 2021 3483 Views 0 comment Print

Hitachi Hi Rel Power Electronics Pvt. Ltd. Vs DCIT (Gujarat High Court) A.O. could be said to have overlooked or rather ignored the jurisdictional requirement of a satisfaction in accordance with para 3.4 of the instruction No.3 of 2016 referred to above that there ought to be an income or potential of an income arising […]

Reopening after enquiries valid if Assessee is beneficiary of accommodation entries

August 26, 2021 2514 Views 0 comment Print

Bharatkumar Kalubhai Ghadiya Vs ACIT (Gujarat High Court) In the case on hand also, the Assessing Officer has reason to believe that the petitioner is a beneficiary of accommodation entry and basis for formation of such belief is several inquiries and the investigation by the Investigation Wing, Ahmedabad and report thereof. The reasons for the […]

Special Audit: Period petition remained pending for verdict needs to be excluded in computation

August 25, 2021 1668 Views 0 comment Print

Dishman Infrastructure Limited Vs ACIT (Gujarat High Court) Request made by the learned Sr. Advocate Mr.M. R. Bhatt for the respondent to exclude the period during which the present petition remained pending in the High Court after issuance of the notice i.e. from 14.6.20201 till this date, deserves to be considered for the purpose of […]

No addition for income offered in subsequent year if tax effect remains same

August 23, 2021 3012 Views 0 comment Print

PCIT Vs Adani Infrastructure and Developers Pvt. Ltd. (Gujarat High Court) Revenue contended that provisional fees was not being treated as income during the year by ignoring the Section 199 of the Act read with Rule 37BA of the Rules. Admittedly there is no provision under the Act to tax the same income twice as […]

HC lifts Provisional GST assessment as no Section 73 & 74 proceedings were pending

August 19, 2021 2928 Views 1 comment Print

Powers under Section 83 of the GST Act with regard to provisional attachment could be exercised only during pendency of proceedings either under sections 62 or Section 63 or Section 64 or Section 67 or Section 73 or Section 74.

Reopening for accommodation entry based on inquiries & Investigation report was valid: HC

August 18, 2021 3381 Views 0 comment Print

Sanjay Baulal Surana Vs ACIT (Gujarat High Court) 1. The function of the assessing authority at this stage is to administer the statute and what is required is a reason to believe and not to establish fact of escapement of income and therefore, looking to the scope of Section 147 as also sections 148 to […]

Refund of Excess custom duty paid cannot be withheld on the ground of limitation

August 8, 2021 3150 Views 0 comment Print

UPL Limited Vs Union of India (Gujarat High Court) It is an undisputed fact that the petitioner paid custom duty to the tune of Rs.17,25,172/- for the goods imported on 11/04/2016. Again he paid an amount to the tune of Rs.95,07,943/- on 12/04/2016 for different consignment imported by the petitioner. The petitioner was supposed to […]

Charitable trust running medical store require to take GST registration irrespective of any pecuniary benefits

August 4, 2021 3393 Views 0 comment Print

Sale of medicines at lower rate by the charitable trust is a taxable supply and Goods and Services Tax (GST) registration is required for medical store run by  such charitable trust.

HC Transfer Winding-up proceedings to NCLT to avoid Multiplicity of Litigation

August 1, 2021 3264 Views 0 comment Print

Lalitaben Govindbhai Patel Vs Gujarat State Financial Corporation (Gujarat High Court) The present litigation on the board of this Court in the form of Special Civil Application No.11116 of 2008 and Letters Patent Appeal No.2480 of 2010 has arisen on account of sheer misconception on the part of the writ petitioners and writ appellants in […]

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