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Gujarat High Court

GST: Stop mechanical & Casual bank account attachment: HC

January 4, 2021 3123 Views 0 comment Print

We have noticed over a period of time that in each and every matter in which proceedings under Section 67 of the Act are initiated, an order of provisional attachment of the bank accounts under Section 83 of the Act would follow.

ITC under GST of ex-Director cannot be blocked to recover VAT Dues of Company

January 4, 2021 1449 Views 0 comment Print

Nipun A Bhagat Vs State of Gujarat (Gujarat High Court) Whether Rule 86A of the CGST Rules, 2017 can be exercise for the purpose of blocking the input tax credit available in the credit ledger account of the writ applicant for the purpose of recovering the dues of Dolphin Metals (India) Limited. At the outset, […]

Extension of Due date for TAR & IT Returns- Gujarat HC fixes next hearing on 31.12.2020

December 30, 2020 61455 Views 9 comments Print

Gujarat Federation of Tax Consultants Vs Union of India (Gujarat High Court) Gujarat High Court heard petition for extension of due dates in TAR and ITR for A Y 2020-21 on today. Court issued notice and fix next hearing on tomorrow. FULL TEXT OF THE HIGH COURT ORDER/JUDGEMENT Heard Mr. S. N. Soparkar, learned Senior […]

HC explains invocation of Rule 86A for blocking ITC

December 24, 2020 10032 Views 0 comment Print

S. S. Industries Vs Union of India (Guajrat High Court) I) The invocation of Rule 86A of the Rules for the purpose of blocking the input tax credit may be justified if the concerned authority or any other authority, empowered in law, is of the prima facie opinion based on some cogent materials that the […]

Gujarat HC directs Central Govt to ‘re-Look’ into Definition of ‘Textile’

December 24, 2020 1128 Views 0 comment Print

CTM Technical Textiles Ltd Vs Union of India (Gujarat High Court) Both the goods in question are being manufactured by the writ-applicants by weaving; it being warp knitting in case of the Agro Shade Net and weaving by warp and weft in case of the Geo Grid fabrics. Both these commodities are in the nature […]

Refund amount collected as Stamp Duty on Bills of Entry filed for Import: HC

December 23, 2020 5556 Views 0 comment Print

Ramratna Wires Ltd. Vs State of Gujarat (Gujarat High Court) The issue raised in this writ application as regards the legality and validity of collecting the stamp duty on the Bills of Entry is no longer res-integra in view of the pronouncement of this Court in the case of State of Gujarat and others Vs. […]

Section 11 exemption cannot be denied merely for non filing of Form no. 10

December 22, 2020 7410 Views 0 comment Print

Trust For Reaching The Unreached Through Trustee Vs CIT (Exemptions) (Gujarat High Court) The writ-applicant is a public charitable trust. The writ-applicant seeks to challenge the order passed by the respondent dated 26th August 2019 under Section 119(2)(b) of the Income Tax Act, 1961, rejecting the application filed by the writ-applicant for condonation of delay […]

Allowed refund of IGST paid on ocean freight beyond limitation period prescribed under GST Law

December 22, 2020 6507 Views 0 comment Print

HC allowed the refund claim of Integrated Goods and Service Tax (IGST) paid on ocean freight under the reverse charge mechanism (RCM) beyond the statutory time limit prescribed under Section 54 of the Central Good and Service Tax Act, 2017

CGST Rule 36(4) notice issued by Hon’ble Gujarat High Court

December 18, 2020 5232 Views 0 comment Print

Surat Mercantile Association Vs Union of India (Gujarat High Court) Rule 36(4) of the Central GST Rules and Gujarat and GST Rules, 2017 restricts Input tax credit to be availed by the buyer of goods or services in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers […]

HC order release of Goods and Vehicle detained for Alleged mismatch

December 18, 2020 1539 Views 0 comment Print

It appears that while generating the e-way bill, the option of bill to ship to was selected which is even reflected in the e-way bill. It has been specifically mentioned in the e-way bill that the goods have been dispatched from Jalna, State of Maharashtra.

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