Gujarat High Court

Absence of reason for modification in Penalty order by tribunal will not make it Unjustifiable

CCE & C Vs S. M. VIJ (Gujarat High Court)

The present tax appeals have been field by the Commissioner of Central Excise & Customs, Surat -II under sec. 35-G of the Central Excise Act, 1944 proposing to raise the following substantial question of law : "Whether in the facts and circumstances of the case, the Tribunal has committed a substantial error of law in reducing the penalt...

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Revised return filed after intimation under section 143(1)(a) but within time limit–Duty of Assessing Officer to process

CIT Vs. Himgiri Foods Limited (Gujarat High Court)

CIT Vs Himgiri Foods Limited (Gujarat High Court)- On a plain reading of section 143(1B) it is apparent that the provision mandates that if after the issuance of intimation, a revised return is furnished by an assessee under sub-section (5) section 139 it is incumbent upon the Assessing Officer to process the revised return and amend the ...

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Rebate under Rule-18 on export made during 8.12.2006 to 17.9.2007

Welspun Gujarat Stahl Rohren Ltd & 1 Vs Union of India & 4 (Gujarat High Court)

The company being an unit located in Kutch District is entitled to the benefit of Notification No.39/2001-CE dated 8.7.2001. At the time of removal of the goods from the factory for export, the Company paid duty of excise as is evident from the statutory invoices issued by the Company. The Company accordingly applied for rebate under Rule...

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VVF Ltd. Versus Union of India (Gujarat High Court)

VVF Ltd. & 1 Vs Union of India & 1 (Gujarat High Court)

The petitioners ‘Kutch Chamber of Commerce and Industry, a Voluntary Association of Industrial Units, and other Industrial Units operating in the Kutch District of State of Gujarat, have challenged the Notifications issued by respondent No. 1 bearing No. 16/2008-C.E dated 27.3.2008 as well as Notification No. 33/2008-C.E dated 10.6.2008...

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Section 55A of the Income-tax Act, 1961 related Capital gains and Reference to Valuation Officer

Hiaben Jayantilal Shah Vs Income-tax officer (High Court of Gujarat)

In the instant case, the assessee had claimed the value of property as per the registered valuer's report. Therefore, under clause (a) of section 55A, the Assessing Officer was required to form an opinion that the value claimed by the assessee as per the registered valuer's report was less than the fair market value. The estimated value p...

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State Govt. Undertakings do not need COD clearance

Gujarat Mineral Development Corp Vs. ITAT (Gujarat High Court)

Cross appeals filed by the assessee, a State Govt. undertaking, and the department were dismissed by the Tribunal on the ground that the parties had not obtained the approval of the Committee on Disputes (“COD”). The assessee as well as the department challenged the decision of the Tribunal. HELD, reversing the decision of the Tribuna...

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Constitutional validity of section 254HA

Comed Laboratories Limited & Ors. Vs Union Of India & Ors.(Gujarat High Court at Ahmedabad)

Writ petitions were filed challenging the constitutional validity of the provisions of Section 245HA of the Income Tax Act, 1961 under which the petitioners’ applications before the Settlement Commission are to be treated as having abated on account of failure of the Settlement Commission to pass orders under Section 245D(4) of the Act ...

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Immunity from penalty as provided under Explanation 5 to Section 271(1)(c) despite non disclosure of manner in which income is derived

Commissioner Of Income Tax Vs Mahendra C. Shah (Gujarat High Court)

In the present case, admittedly the Assessment Year being 1988-89 and the search having taken place on 03.07.1987 the return of income was not due before 31.07.1988. Therefore, whether the income represented by the value of the asset was shown in the return of income or not became irrelevant once a declaration had been made about such inc...

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Gujarat HC Grant Relief on New Return Forms

All Gujarat Federation of Tax Consultant Vs. Union of India (Gujarat High Court)

the Court direct the department to accept the return Forms which are submitted by the taxpayers, sub­ject to a genuine difficulty. After acceptance of those return Forms, on scrutiny if it is found by the concerned officer that there is no genuine difficulty on the part of the taxpayer in giving the details required in various columns, t...

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Interest ordered for delayed refund – action recommended against officers concerned

Gujarat Flourochemicals Ltd. Vs Commissioner Of Income Tax And Ors. (Gujarat High Court)

For the foregoing reasons, the petition succeeds. The three orders namely; (1) the order dated October 6, 1992 passed by the Commissioner of Income Tax, Baroda, declining to accept the claim of the petitioner for interest on refund on the ground that it is not admissible under Sections 243(1)(b), 244(1A) and 214(2) of the Act, ...

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