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Gujarat High Court

Proceedings at SCN stage shall go ahead in accordance with law : HC

February 13, 2020 594 Views 0 comment Print

Global Knitfab Vs State Tax Officer (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 […]

Gujarat High Court stays recovery of interest on Gross GST Liability

February 13, 2020 6498 Views 0 comment Print

In this case in which GST department has raised Interest Demand on Gross GST without considering the Input Tax Credit, Hon’ble Court has directed the department to not to take any coercive steps for the purpose of recovery of the interest.

ITC cannot be denied on the ground of technical glitches: Gujarat HC

February 12, 2020 2091 Views 0 comment Print

Deendayal Port Trust Vs Union of India (Gujarat High Court) On one hand, when the ACES Portal did not permit the petitioner to file revised return for the second time due to which the claim of ITC to the tune of Rs.99,46,810/­ was not reflected in the last return in Form ST­3 filed by the […]

IGST refund cannot be denied for clerical error in shipping bills; HC ask dept to look into the issue

February 12, 2020 2010 Views 0 comment Print

उrievance of the writ-applicant is that -authorities are not responding to request with regard to the sanction of refund of IGST paid in connection with the goods exported,

Validity of notice issued in Form GST-MOV-10 under section 129(6)

February 11, 2020 6345 Views 0 comment Print

ABB India Ltd. Vs Union of India (Gujarat High Court) The whole basis of issuing Form GST-MOV-10 appears to be erroneous in law. The authority has thought fit to proceed against the applicant by way of Form GST-MOV-10, on the premise of section 129(6) of the Act, 2017. Section 129(6) of the Act, 2017 reads […]

No Addition u/s 41(1) Merely Because Liability Outstanding for Long Period

February 10, 2020 1344 Views 0 comment Print

PCIT Vs Adani Agro (P.) Ltd. (Gujarat High Court) The issue under consideration is whether the addition made by AO under Section 41(1) of the Act on account of cessation of liability is justified in law? High Court states that, once assessee had continued to show admitted amounts as liabilities in its balance sheet, the […]

GST authorities cannot arbitrarily confiscate Godown of dealer

February 6, 2020 1290 Views 0 comment Print

In the given case, the writ applicant claims to be an agriculturist. It is his case that he owns a godown bearing No.14, situated at the Marketing Yard at Gondal, District: Rajkot.

Confiscated good to be released on payment of GST & Penalty by assessee

February 5, 2020 726 Views 0 comment Print

Pursuant to the notice issued under Section-129 of the Act determining the amount to be paid towards the tax and liability, the requisite amount has been paid by the writ-applicant and the conveyance and the goods have been released. It appears that later, a show-cause notice came to be issued under Section 130 of the Act calling upon the writ-applicant to show-cause why the goods and conveyance should not be confiscated.

No Deemed Registration U/s. 12A if no order passed within six months

February 4, 2020 4266 Views 0 comment Print

CIT (Exemptions) Vs Addor Foundation (Gujarat High Court) Effect of Non Passing of order within six months — Non-disposal of an application for registration by granting or refusing registration before expiry of six months as provided u/s 12AA(2) would not result in a demand grant of registration. It was held that deemed registration cannot be […]

HC: Powers of Commissioner can be delegated to Special & Additional Commissioner of State Tax under GST

February 4, 2020 4425 Views 0 comment Print

Commissioner is empowered to delegate his powers to the Special Commissioner or the Additional Commissioners of State Tax  and once the powers are delegated for the purpose of Section 69 of the Central Goods and Services Tax Act, 2017, the subjective satisfaction, or rather, the reasonable belief should be that of the delegated authority.

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