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Gujarat High Court

Reopening u/s. 148 beyond 4 years in absence of full & true disclosure of material facts unsustainable

November 9, 2023 1938 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act beyond the period of four years in absence of full and true disclosure of material facts is bad in law.

Cash Excluded from Goods for Seizure in GST Cases: Gujarat HC

November 8, 2023 1791 Views 0 comment Print

Detailed analysis of Gujarat High Court’s judgment in Bharatkumar Pravinkumar & Co. vs. State of Gujarat regarding seizure of cash under GST Act.

Reopening on ‘Borrowed Satisfaction’ Instead of ‘Independent Satisfaction’ is Unlawful

November 2, 2023 6174 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 147 of the Income Tax Act merely based on ‘borrowed satisfaction’ as against statutory requirement of ‘independent satisfaction’ is bad-in-law.

Section 154 Notice can be challenged under Article 226 of Constitution of India

November 2, 2023 2556 Views 0 comment Print

Gujarat High Court held that Challenge to notice issued under section 154 of the Income Tax Act is maintainable under Article 226 of the Constitution of India.

PCIT vs. Swetaben Patel: No Addition Without Incriminating Material

October 26, 2023 942 Views 0 comment Print

Explore the recent Gujarat High Court judgment in PCIT (Central) vs. Swetaben Ghanshyambhai Patel regarding assessments and additions in the absence of incriminating material.

Section 35(2AB) Deduction cannot be denied for failure of authority to send intimation

October 25, 2023 1545 Views 0 comment Print

In the PCIT vs. Schaeffler India Ltd. case, the Gujarat High Court upholds section 35(2AB) deduction, stating that delayed intimation doesn’t negate it.

No Denial of Concessional Tax Rate Due to Technical Glitch on ITBA portal

October 23, 2023 1449 Views 0 comment Print

Explore the recent Gujarat High Court judgment in PCIT Vs KGY Glass Industries (P) Ltd regarding the denial of concessional tax rate due to a technical glitch in filing Form 10-IC under section 115BAA for AY 2020-21.

HC dismisses FIR due to Chartered Accountant Firm’s Limited Role in GSLDC Scam

October 11, 2023 2862 Views 0 comment Print

Gujarat High Court held that the role of the applicant’s firm in Gujarat State Land Development Corporation (GSLDC Scam) was very limited and was not actually connected with the field work and only to the extent the audit of vouchers and records.

Invalid Reasons: Gujarat HC Quashes Assessment Reopening

October 11, 2023 1629 Views 0 comment Print

Gujarat High Court invalidates assessment reopening due to lack of nexus between petitioner and unsecured loans. Detailed analysis and conclusions.

Refund of IGST paid on exported goods being zero-rated supplies admissible as excess drawback repaid

October 9, 2023 1248 Views 0 comment Print

Gujarat High Court held that excess drawback on account of availing Cenvat Credit facility was repaid with interest. Hence, refund of IGST paid on goods and services paid on exported goods being zero rates supplies is duly admissible.

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