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Gujarat High Court

Pre-Show Cause Notice consultation mandatory before issuance of SCN

July 23, 2021 9855 Views 0 comment Print

Further, stated that illusionary pre-show cause consultation notice is not only arbitrary, but is in utter disregard and in contravention of the very object and purpose of the above Master Circular.

No appeal against ITAT order to be entertained in absence of substantial question of law

July 15, 2021 1200 Views 0 comment Print

Since the findings recorded by ITAT being findings of fact, the appeal could not be entertained in absence of any substantial question of law being involved in the same, therefore, appeal of authority was dismissed.

Charitable Trust running medical store to give medicines without profit required to be registered under GST

July 9, 2021 2382 Views 0 comment Print

GST : Where Charitable Trust was running a medical store, even though Charitable Trust was giving medicines to customers at a lower rate with no profit, sale of medicine by Trust would be a taxable supply of goods; aggregate turnover exceeding threshold limit, Trust would have to obtain registration

Delay in payment of Tax cannot be treated as an attempt to Evade Tax

July 6, 2021 3363 Views 0 comment Print

Ganga Devi Somani Vs State of Gujarat (Gujarat High Court) Here, from the facts of the case it appears that Company had voluntarily declared its intention to pay tax and 80% of the tax was paid prior to the complaint. The Income Tax Department was instructed regarding the dues from the GST Department and there […]

Reopening of concluded assessment permissible if Info disclosed originally not disclosed Fully & Truly

July 5, 2021 2652 Views 0 comment Print

The Assessing Officer having arrived at his subjective satisfaction based on additional fresh material placed before him that the petitioner had not fully and truly disclosed all the material facts necessary for his assessment for the relevant assessment year and prima facie his income chargeable to tax had escaped assessment, he was fully justified in initiating the proceedings under section 147/148 of the said Act.

Mere mention of receipt of information from DCIT not makes an Assessment/Notice as based on borrowed belief

July 5, 2021 1182 Views 0 comment Print

Raju Bhupendra Desai Vs ITO (Gujarat High Court) There is also no merit in the submission of Mr. Patel that the respondent was carrying out fishing and roving inquiry completely on incorrect facts and based on the borrowed belief of DCIT Central Circle-1(3), Ahmedabad. It may be noted that merely because in the reasons recorded […]

Low Tax Effect Appeal cannot be Filed In HC for Low Tax Effect Appeals If Review Application Before Tribunal Has Already Been Filed

June 28, 2021 2901 Views 0 comment Print

PCIT (Central) Vs Rashmi Rajesh Bafna (Gujarat High Court) Appeals Could Not Be Filed In High Court As Per CBDT Circular No. 23/2019 On Low Tax Effect Appeals If Review Application Before Tribunal Has Already Been Filed When Revenue Already Filed Rectification Application Before Tribunal For Review Of Order Which Has Been Dismissed Than Appeal […]

Statutory dues against corporate debtor could be recovered only under IBC and not from action purchasers

June 24, 2021 3564 Views 0 comment Print

Statutory dues, which came within the meaning of ‘operational debt’, could be claimed against the Corporate Debtor only under the provisions of the IB Code and not under any other law.  Assessee  was diercted to make payment of the statutory dues from the date of purchase of the subject vehicles by assessees, which would be made subject to other proceedings in relation to the said vehicles since assessees, being the auction purchasers, could not be asked to make payment of the statutory dues claimed against the Corporate Debtor in liquidation in respect of vehicles prior to their date of purchase by assessees.

DGGI officers empowered to issue summons under GST

June 24, 2021 7677 Views 1 comment Print

Yasho Industries Limited Vs Union of India (Gujarat High Court) DGGI Officers entitled to issue summons under Section 70 of CGST Act An inquiry was initiated and summons were issued against the assessee to give evidence and produce the documents in connection with the inquiry initiated for alleged incorrect IGST refunds. This petition was filed […]

Department should provide reason for blocking input tax credit

June 16, 2021 2082 Views 0 comment Print

M/s. Mili Enterprise Vs Union of India (Gujarat High Court) High Court issued notices to the Government observing that the department should at least provide the reason for blocking the input tax credit and it should be specified in a notice under rule 86(A). FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Heard learned Advocate […]

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