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Gujarat High Court

Gujarat HC Deletes LTCG Addition as Penny Stock Allegation Was Unsupported by Evidence

June 8, 2026 225 Views 0 comment Print

The Court upheld deletion of the LTCG addition after finding that the Revenue relied on assumptions rather than evidence. Documentary records established the genuineness of the share transactions.

Gujarat HC Dismisses Section 68 Addition as Loan Identity, Source & Repayment Established

June 8, 2026 219 Views 0 comment Print

The Court upheld deletion of a ₹1 crore addition under Section 68 after noting that the assessee had furnished lender details, source of funds, and repayment evidence. It held that the dispute was purely factual and raised no question of law.

Gujarat HC Dismisses Tax Appeal as DVO Reference Was Not Permissible Under Pre-2012 Section 55A

June 8, 2026 147 Views 0 comment Print

The Court held that the issue was covered by its earlier ruling on Section 55A. It upheld the deletion of long-term capital gains addition and rejected the Revenue’s challenge to the DVO reference.

Long-Term Share Holding Not Penny Stock Because Investment Was Held for 10 Years

June 8, 2026 276 Views 0 comment Print

The Gujarat High Court upheld deletion of an addition relating to alleged bogus capital gains. The Court found that shares held for over a decade as genuine investments could not be treated as penny stock transactions.

Penny Stock Loss Addition Deleted as Transactions Were Supported by Documentary Evidence

June 8, 2026 252 Views 0 comment Print

The Gujarat High Court upheld deletion of a loss disallowance after finding that contract notes, banking records, and trading documents supported the genuineness of the share transactions. The Court held that no substantial question of law arose.

SC’s COVID Limitation Relief Applies to GST Appeals Gujarat: HC

June 8, 2026 462 Views 0 comment Print

The Gujarat High Court ruled that the Supreme Court’s COVID-19 limitation exclusion must be considered while computing timelines under Section 107 of the CGST Act. A GST appeal filed within the extended condonable period cannot be dismissed as time-barred without proper consideration.

Reopening of Assessment Invalid as DVO Valuation Was Lower Than Assessee’s Declared Value

June 5, 2026 168 Views 0 comment Print

The Court held that the Assessing Officer could not refer the matter to the Valuation Officer under Section 55A where the assessees registered valuer had reported a higher value. The reassessment based on such reference was therefore held impermissible.

Search on Advocate Upheld as Authorities Recorded Reasons to Believe Under Section 132

June 5, 2026 2088 Views 0 comment Print

The Department maintained that search powers could be exercised where there was reason to believe that relevant documents and undisclosed assets were being kept at the premises. The matter involved both personal and third-party records.

No GST on Transfer of GIDC Leasehold Rights as Transaction Falls Outside Scope of Supply

May 31, 2026 864 Views 0 comment Print

The Gujarat High Court held that assignment of leasehold rights in a GIDC plot constitutes transfer of benefits arising from immovable property and not a supply of service. Consequently, the GST demand under Section 74 was set aside.

Income Tax Demand Quashed as Resolution Plan Extinguished Pre-CIRP Tax Dues

May 30, 2026 228 Views 0 comment Print

The Gujarat High Court held that tax liabilities relating to periods before approval of a resolution plan stood extinguished under Section 31 of the IBC. Consequently, the assessment order and demand notice were quashed.

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