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Gujarat High Court

Form TRAN-1 | Technical glitches on GST Portal | Applicant cannot be Penalised

March 11, 2020 858 Views 0 comment Print

Darsh Pharmachem Pvt. Ltd. Vs Superintendent, Central GST (Gujarat High Court) The writ-applicant is engaged in the business of manufacturing of pharmaceutical products. As provided under Section 140 of the CGST Act, 2017, the writ applicant tried to upload Form TRAN-1 for the purpose of claiming the ITC credit on-line. However on account of the […]

Transitional credit Claim| Enable filing of form GST TRAN-1 – HC

March 11, 2020 414 Views 0 comment Print

Siddhi Developers vs Union of India (Gujarat High Court) It appears that if the petitioner could not upload the form GST TRAN­1 due to technical glitches and in spite of various representations made by the petitioner, he was not allowed to upload the form GST TRAN­1. In view of the settled legal position as stated […]

IF VAT Rate reduced by Govt, Similar reduction should also be in Entry Tax Rate: HC

March 11, 2020 816 Views 0 comment Print

Jindal Stainless Hisar Ltd Vs State of Gujarat  (Gujarat High Court) It is the case of the petitioners that while the State Government reduced the applicable rate of tax under the VAT Act on stainless steel flats and sheets to 1% it did not correspondingly reduce the rate of entry tax applicable to the same goods […]

Claim of Input Tax Credit (ITC) Refund by Special Economic Zone (SEZ)

March 11, 2020 40140 Views 2 comments Print

Britannia Industries Limited Vs. Union of India (Gujarat High Court) 1. It is held by Honourable Gujrat High Court in Britania Industries Limited case that the SEZ unit can claim a refund of ITC distributed by Input Service Distributor (ISD). 2. Brief Facts of the Case: M/S Britania Industries, a limited Company filed the petition […]

GST: No provisional attachment during pendency of section 71 proceedings

March 11, 2020 1218 Views 0 comment Print

Kanal Enterprise Vs State of Gujarat (Gujarat High Court) The short point falling for our consideration is whether the impugned order of attachment of property under Section 83 of the Act could have been passed on the ground of proceedings instituted under Section 71(1) of the Act. The plain reading of Section 83 of the […]

GST: Release goods and vehicle on payment of tax amount- HC

March 11, 2020 930 Views 0 comment Print

Siddhbali Stone Gallery Vs State of Gujarat (Gujarat High Court) While issuing notice, this Court directed that the vehicle as well as the goods be released, upon payment of the tax, in terms of the impugned notice. The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along […]

No penalty for delayed GST Appeal Filing due to Lack of Clarity in Law

March 5, 2020 4956 Views 2 comments Print

The impugned order rejecting such appeal on the ground of limitation is not sustainable as the petitioner cannot be penalised for lack of clarity of the provision when the new law is enacted.

Bogus Billing & Fake E-Way Bills: HC sustains Provisional Bank Account attachment Order

March 5, 2020 2922 Views 0 comment Print

The issue under consideration is whether the order for provincial attachment of bank accounts against bogus billing and fake generation of E-­Way bills without the actual physical movement of goods is justified in law?

Form GST TRAN­1 Filing: Applicant should not suffer for technical glitches

March 4, 2020 585 Views 0 comment Print

The GSTN upon receipt of the proposal from the Nodal Officer shall look into the same and take an appropriate decision in accordance with law, more particularly, keeping in mind the writ­ applicant should not suffer on account of any technical glitches.

HC cannot invoke Section 130 at threshold unless applicant shows why it deserves to be discharged

March 4, 2020 627 Views 0 comment Print

Kohitoor Transport LLP Vs State of Gujarat (Gujarat High Court) The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of […]

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