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Gujarat High Court

Sanction refund of IGST paid on goods exported vide shipping bills: HC

December 15, 2020 3306 Views 1 comment Print

Awadkrupa Plastomech Pvt. Ltd. Vs Union of India (Gujarat High Court) It appears from the materials on record that the writ­ applicant wants the respondent­ authorities to sanction the refund of Integrated Goods and Service Tax [herein after referred to as the ‘IGST’] paid in respect of the goods exported i.e. ‘Zero Rated Supplies’ vide […]

Bail to person accused of wrongfully availing ITC Granted by HC

December 10, 2020 1119 Views 0 comment Print

Present application is allowed. The applicant is ordered to be released on regular bail in connection with the order dated 29.10.2020 passed by the respondent No.2, Superintendent (Prev.), Central GST & C. Excise, Vadodara-II in File No. GEXCOM/AE/INV/GST/559/2020 on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

HC quashes Non-Speaking GST Registration cancellation order

December 10, 2020 2109 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs. State Of Gujarat (Gujarat High Court) Be that as it may, we are inclined to quash the impugned order dated 25th February 2020 passed by the Commercial Tax Officer on the short ground that the same is a non-speaking order passed without any application of mind. It is very sad to […]

Cash Credit Account cannot be attached to recover GST dues

December 9, 2020 6147 Views 0 comment Print

Cash Credit Account cannot be ordered to be attached. In other words, the Cash Credit Account is an account, which enables the assessee to borrow the money from the bank for the purpose of its business. Any money, therefore, which the bank may make available to the assessee would necessarily be in the nature of a loan or cash credit facility.

Petition filed Challenging vires of CGST Rule 86A

December 3, 2020 2145 Views 0 comment Print

Surat Mercantile Association Vs Union of India (Gujarat High Court) Rule 86A of the GST Rules has given unbridled power to a GST officer to block input tax credit in electronic credit ledger maintained on GSTN portal without giving any notice or intimation to the tax payer if the concerned GST officer has reason to […]

Challenge to Section 16(2)(c) of CGST Act 2017- Notice issued by Gujarat HC

December 3, 2020 8892 Views 0 comment Print

Surat Mercantile Association Vs Union of India (Gujarat High Court) Hon’ble Gujarat High Court has issued notice to Centre and State Government on 03.12.2020 in the matter of Surat Mercantile Association. Vs UOI & others, SCA. No. R/SCA/15329/2020, wherein the petitioner has challenged the constitutional validity of Section 16(2)(c) of the CGST Act/WBGST Act, which […]

SVLDR Scheme: Quantification or revised figure should relate back to original quantification

December 1, 2020 726 Views 0 comment Print

Airlink Communication Pvt Ltd Vs Union of India (Gujarat High Court) Mr. Ankit Shah, learned counsel for the respondent – Department has only submitted that according to the instructions received and as stated in the affidavit in reply since the subsequent quantification which the Department treats as final qualification being later in point of time […]

Service of fixed term employee for misconduct cannot be terminated without affording any opportunity of hearing

November 26, 2020 3300 Views 0 comment Print

The Gujarat High Court ruled that Termination of service of an employee for misconduct, even if on a fixed term, would require a domestic enquiry. However the Court held that on reinstatement the tenure of employment would not extend beyond the period of appointment.

SCN for Confiscation of Goods or Conveyance on Mere Suspicion Not Justified

November 6, 2020 1626 Views 0 comment Print

The issue under consideration is whether show cause notice for confiscation of goods or conveyance is justified to issue on mere suspension under GST Act?

Release Detained Vehicle & Goods After Obtaining Bond: Gujarat HC

November 6, 2020 1548 Views 0 comment Print

The instant petition is filed to seek to release of the detained goods and vehicles under Section 129(1) of the CGST Act. The court directed the respondent authority to release the vehicle and the goods after obtaining a bond of Rs.11,73,480 from the writ applicant.

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