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Gujarat High Court

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

June 22, 2020 5364 Views 0 comment Print

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 […]

Detained Tobaco Product Released on Payment of GST with Penalty

June 15, 2020 1275 Views 0 comment Print

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

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

June 11, 2020 960 Views 0 comment Print

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

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

June 8, 2020 5445 Views 0 comment Print

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 opportunity of hearing to the petitioner.

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

May 11, 2020 918 Views 0 comment Print

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 […]

Section 84A of Gujarat VAT Act is declared as ultra vires the Constitution of India

April 16, 2020 6258 Views 0 comment Print

Section 84A of the Gujarat VAT Act is declared as ultra vires and beyond the legislative competence of the State Legislature under Entry 54 of List II of the Seventh Schedule to the Constitution of India and is also declared to be violative of Article 14 of the Constitution of India on the ground of being manifestly arbitrary, unreasonable and oppressive.

interest chargeable under Interest Act irrespective of object of Company

March 26, 2020 585 Views 0 comment Print

Asman investments Ltd. Vs DCIT (Gujarat High Court) Interest as per Interest Act will be charged on company irrespective of its main object whether it is Finance or not In the given case the appellant assessee filed return of chargeable interest on 29.1.2002 declaring chargeable interest at ‘Nil’. In the statement attached to the return […]

No reassessment after four years in absence of failure to disclosures by assessee

March 26, 2020 1050 Views 0 comment Print

In the absence of failure on the part of assesse to disclose fully and truly all material facts necessary for his assessment, the reopening of assessment beyond a period of four years from the end of relevant assessment year was without authority of law.

Demanding increased enrolment fee by Bar Council of Gujarat was justified

March 24, 2020 3213 Views 0 comment Print

On harmonious reading provisions of the Advocates Act, 1961 and the Bar Council of India Rules it was held that the increase in the rate of enrollment fees was properly and adequately justified and the provisions of both the Advocates Act, 1961 and the Bar Council of India Rules were not in conflict with each another and would prevail under the law..

Gujarat HC on SUO MOTU Precautionary Measures due to Corona Virus

March 20, 2020 1380 Views 0 comment Print

Your Lordships may be pleased to issue a writ  of mandamus  or  any  other  appropriate writ/order/direction and direct the respondent authorities to provide all the service of diagnosis,  laboratory investigation and further treatment of COVID-19 to all the persons free  of  cost  to  affected or suspected of the said pandemic 

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