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Gujarat High Court

SVLDR Scheme: Quantification or revised figure should relate back to original quantification

December 1, 2020 762 Views 0 comment Print

Airlink Communication Pvt Ltd Vs Union of India (Gujarat High Court) Mr. Ankit Shah, learned counsel for the respondent – Department has only submitted that according to the instructions received and as stated in the affidavit in reply since the subsequent quantification which the Department treats as final qualification being later in point of time […]

Service of fixed term employee for misconduct cannot be terminated without affording any opportunity of hearing

November 26, 2020 3435 Views 0 comment Print

The Gujarat High Court ruled that Termination of service of an employee for misconduct, even if on a fixed term, would require a domestic enquiry. However the Court held that on reinstatement the tenure of employment would not extend beyond the period of appointment.

SCN for Confiscation of Goods or Conveyance on Mere Suspicion Not Justified

November 6, 2020 1851 Views 0 comment Print

The issue under consideration is whether show cause notice for confiscation of goods or conveyance is justified to issue on mere suspension under GST Act?

Release Detained Vehicle & Goods After Obtaining Bond: Gujarat HC

November 6, 2020 1641 Views 0 comment Print

The instant petition is filed to seek to release of the detained goods and vehicles under Section 129(1) of the CGST Act. The court directed the respondent authority to release the vehicle and the goods after obtaining a bond of Rs.11,73,480 from the writ applicant.

SCN for confiscation of goods cannot be issued on mere suspicion

November 6, 2020 2730 Views 0 comment Print

HC held that the show cause notice under Section 130 of the Central Goods and Services Tax Act, 2017 (CGST Act) cannot be issued on a mere suspicion. There has to be some prima facie material on the basis of which the authority may arrive at the satisfaction that the goods are liable to be confiscated under Section 130 of the CGST Act.

GST: HC direct authorities to release Goods provisionally

November 6, 2020 579 Views 0 comment Print

SB Traders Vs State of Gujarat (Gujarat High Court) It was pointed out that three months back, an application was fled under Section 67(6) of the Act for provisional release of the goods and the conveyance. However, according to the learned counsel, no orders have been passed on such application. We dispose of this writ […]

Notice in Form GST MOV-10 based on conjectures & surmises is not sustainable

November 6, 2020 2106 Views 0 comment Print

Explore the Gujarat High Court’s decision on Anant Jignesh Shah vs Union of India, highlighting the invalidity of a GST detention notice based on mere suspicion. Learn how the court quashed the notice under Section 130 of the CGST Act.

Municipal tax levied on advertisement hoardings in private properties post GST Implementation is valid: HC

October 20, 2020 15501 Views 0 comment Print

Selvel Media Services Private Ltd. Vs Municipal of the City of Ahmadabad (Gujarat High Court) Issues- By this petition under the Articles 226 and 227 of the Constitution of India, the petitioner has challenged the Resolution no.928 dated 28th November 2018 and the Resolution dated 24th December 2018 passed by the Standing Committee of the […]

Denial of refund of IGST to Advance-Authorisation holders is valid but operates prospectively w.e.f October 23, 2017

October 20, 2020 16113 Views 2 comments Print

The Hon’ble HC, Gujarat in Cosmo Films India v. Union of India & Ors. [R/SLP No. 15833/2018 dated October 20, 2020] upheld the validity of rule 96(10) of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) and rules that notification is required to be made applicable prospectively only w.e.f. October 23, 2017 and […]

GST Commissioner can invoke ‘arrest’ power prior to Completion of Assessment: HC

October 20, 2020 12408 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs State of Gujarat (Gujarat High Court) (1) Q. whether the power to arrest as provided under section 69 read with section 132 of the CGST Act can be invoked by the Commissioner only upon completion of the adjudication process of finalising the assessment and determination of the liability as per the […]

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