Gujarat High Court

HC quashes SVLDRS-3 communication during Lokdown without proper hearing

Hitech Projects Pvt. Ltd. Vs Union of India (Gujarat High Court)

HC granted Fresh Hearing for the Taxpayer who are Unable to Attend the Hearing due to Lockdown...

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Order passed on Merit after due opportunities cannot be termed as Ex-parte order

CIT Vs Shree Nirman Foundation Charitable Trust (Gujarat High Court)

The issue under consideration is if Assessee remained absent on more than one occasions and appeal decided on merits then whether it will be called as Ex-parte order?...

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No interest demandable for delay in GST credit to Govt Account

Messrs Vishnu Aroma Pouching Pvt. Ltd. Vs Union of India (Gujarat High Court)

Messrs Vishnu Aroma Pouching Pvt. Ltd. Vs Union of India (Gujarat High Court) In this case petitioner had duly discharged the tax liability of August, 2017 within the period prescribed therefor; however, it was only on account of technical glitches in the System that the amount of tax paid by the petitioner for August 2017 […]...

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HC rejects writ challenging legal validity of CGST Rule 142(1)(a)

Mahavir Enterprise VsAssistant Commissioner Of State Tax (Gujarat High Court)

Mahavir Enterprise Vs Assistant Commissioner Of State Tax (Gujarat High Court) (Gujarat High Court) Therefore, to sum up, the High Court can interfere under Article 226 of the Constitution of India against a show cause notice where the same is issued by an authority in exercise of the power which is absent; the facts does […]...

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Detained Tobaco Product Released on Payment of GST with Penalty

Om Sai Traders Vs The State Tax Officer (Gujarat High Court)

Detained Tobaco Product Released on Payment of Tax along with Penalty and after providing Bank Guarantee of Equal to the value of goods detained....

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Colgate Palmolive: Detained goods released on deposit of Tax & 10% penalty

Colgate Palmolive India Ltd. Vs State of Gujarat (Gujarat High Court)

The issue under consideration is regarding the show cause notice issued by GST department to Colgate Palmolive India Ltd for detention of goods....

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HC quashes Ex-Parte order passed without hearing petitioner during Covid-19 Pandemic

Remankhan Belin Vs State of Gujarat (Gujarat High Court)

It is an admitted position that the impugned order dated 14.5.2020 is passed without hearing the petitioner and only on the short ground, the impugned order dated 14.5.2020 is hereby quashed and set aside and the authorities concerned shall pass a fresh order on merits without being influenced by the order impugned after giving an opportu...

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HC not to interfere despite Writ application filed, when order in form GST MOV 11 already been passed

Shiv Agro Vs State of Gujarat (Gujarat High Court)

Shiv Agro Vs State of Gujarat (Gujarat High Court) For final decision regarding confiscation of goods and conveyance under GST, the applicant has to file statutory appeal under Section 107 of the G.S.T. Act before the appellate authority. Filing writ petition before court will not able to solve the issue since they will not interfere [&he...

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Order passed by AO against directions issued by Tribunal is not sustainable in law

Engineering Professional Co. Pvt. Ltd. Vs DCIT (Gujarat High Court)

Engineering Professional Co. Pvt. Ltd. Vs DCIT (Gujarat High Court) In the given case, Assessee has filed appeal before ITAT against the order passed by the A.O. u/s 44AD. With respect to that appeal ITAT passed the order and state that “the Assessee is directed to attend the assessment proceedings and justify its claim of […...

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Confiscation or detention of goods merely on suspicion not justified

Sri Krishna Traders Vs State of Gujarat (Gujarat High Court)

The formation of the opinion by the authority that the goods and the conveyance are liable to be confiscated should reflect intense application of mind. We are saying so because it is not any or every contravention of the provisions of the Act or the Rules which may be sufficient to arrive at the conclusion that the case is one of an inte...

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