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Gujarat High Court

Notice for recovery under GST must be issued in Form GST DRC 07

March 23, 2021 7539 Views 0 comment Print

Rajkamal Builder Infrastructure Private Limited Vs Union of India (Gujarat High Court) Plain reading of the Rule 142(1)(a) indicates that Form GST DRC 01 can be served by the proper officer along with the notice issued under Section 52 or Section 73 or Section 74 or Section 76 or Section 122 or Section 123 or […]

Plea seeking to quash notification prescribing MIP dismissed by HC

March 19, 2021 999 Views 0 comment Print

Pam Agro Industries Vs Union of India (Gujarat High Court) It is not in dispute that the petitioners imported cashew kernel (broken) from Vietnamese suppliers for a price ranging from Rs. 151/- to Rs. 180 /- per kg in Indian currency which is the transaction value ordinarily required to be considered for levy of custom duty […]

HC allows GST Registration with effect from 1st July 2017

March 19, 2021 10362 Views 0 comment Print

JAP Modular Furniture Concepts Pvt. Ltd. Vs. State Of Gujarat (Gujarat High Court) In this case provisional GST registration of the writ applicants under the GST Act was also blocked / inactivated and final registration was not granted to the writ applicants under the GST Act on account of cancellation of registration under Vat. The […]

Sanction of GST refund struck due to mismatch between GST & ICEGATE portal data: HC

March 18, 2021 2490 Views 0 comment Print

Certain errors were made while furnishing the details outward supplies in the Form GSTR-1 on account of which there was a mismatch between the GST portal data and data on the ICEGATE customs portal and hence, the refund of the IGST was not granted for the month of July, 2017.

Allow revision of GST TRAN- 1 Form electronically or manually: HC

March 18, 2021 969 Views 0 comment Print

Precision Gasification Services Pvt. Ltd. Vs Union Of India (Gujarat High Court) The respondents are directed to either open the online portal, so as to enable the writ applicants to again file rectified Form GST TRAN-1 electronically or accept the manually filed from the GST TRAN-1 with necessary corrections on, or before, 18.05.2021. FULL TEXT […]

Reassessment justified if bogus transaction found based on subsequent information

March 16, 2021 1650 Views 0 comment Print

Where the transaction itself, on the basis of the subsequent information, was found to be bogus transaction, the mere disclosure of that transaction at the time of original assessment proceedings could not be said to be disclosure of the ‘true’ and ‘full’ facts in the case and the Income Tax Officer would have the jurisdiction to re-open the concluded assessment in such a case.

HC dismisses Bail condition of 50% payment for alleged GST default

March 15, 2021 3333 Views 0 comment Print

Neeraj Ramkumar Tiwari Vs State Of Gujarat (Gujarat High Court) On 03.09.2020, the petitioner filed Criminal Misc.Application No.12831 of 2020 for bail under Section 439. However, pending the bail application, statutory period of 60 days for registering the complaint under the provisions of the GST Act had expired and therefore, on 28.09.2020, the petitioner preferred […]

Property of mother cannot be attached for due of Son: Gujarat HC

March 15, 2021 1128 Views 0 comment Print

Nirupaben Manilal Thakkar Vs State of Gujarat (Gujarat High Court) The principal argument of Mr. Trivedi is that, the respondents could not have invoked Section 57 of the Gujarat Value Added Tax Act, 2003 (for short “GVAT Act, 2003”) for the purpose of recovering the dues of the deceased dealer as the immovable property sought […]

AO must consider objection to Section 148 Notice: HC refers case back to AO

March 15, 2021 6519 Views 0 comment Print

Purshottambhai Bachubhai Pitroda Vs DCIT (Gujarat high court) Thus, on receipt of the reasons, the noticee is entitled to file his objections and the Assessing Officer, in turn, is obliged to dispose of the objections by passing a speaking order. Though the Assessing Officer had an opportunity at the stage of dealing with the objections […]

MEIS benefit cannot be denied for mere procedural lapse of declaration of intent on free shipping bill

March 12, 2021 2919 Views 0 comment Print

Inox India Pvt Ltd Vs. Union of India (Gujarat High Court) Conclusion:  Since on noticing that the declaration of intent on the shipping bill for claiming the benefit under the reward scheme was made mandatory w.e.f 01.06.2015 under the Foreign Trade Policy, 2015-20 or the Handbook of Procedure, 2015-20, therefore, there could be no exclusion […]

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