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Gujarat High Court

Denial of benefit of ‘Vera Samadhan Yojna, 2019’ for inadvertently less payment of petty amount unjustified

June 22, 2023 1029 Views 0 comment Print

Gujarat High Court held that merely because the petitioner inadvertently paid Rs.2000/- less towards principal outstanding amount of tax, it cannot be denied the benefit of ‘Vera Samadhan Yojna, 2019’.

Second notice mentioned reason for cancellation of GST registration hence petitioner directed to furnish reply

June 20, 2023 1323 Views 0 comment Print

Gujarat High Court directed the petitioner to furnish their reply as second show cause notice already issued by the department containing the reasons for cancellation of GST registration.

GST officials can initiate action under GST Acts against SEZ unit: Gujarat High Court

June 12, 2023 2646 Views 0 comment Print

Gujarat High Court ruling empowers GST authorities to investigate SEZ units, asserting jurisdiction and penalizing non-cooperation. RHC Global’s challenge dismissed, highlighting lawful enforcement against evasion in SEZs.

HC set-aside Cryptic, unreasoned & unpalatable GST Registration cancellation Order & SCN 

June 4, 2023 1086 Views 0 comment Print

HC set aside cryptic, unreasoned, and unpalatable GST registration cancellation order and show cause notice and restored registration of certificate and directed GST authorities to permit petitioner to file GST returns.

Assessee directed to approach Revenue Department to avail benefit of special procedure for revocation of cancelled GST registration

May 27, 2023 738 Views 0 comment Print

In the case of Radhe Packaging vs. Union of India, heard by the Gujarat High Court, the court directed the assessee to approach the Revenue Department to avail the benefit of a special procedure for the revocation of their cancelled Goods and Services Tax (GST) registration.

Reopening justified as it is based on material satisfying that income has escaped assessment

May 18, 2023 1452 Views 0 comment Print

Gujarat High Court held that in case reopening of assessment based on material which satisfied to harbour reasons to believe that there was escapement of income, then, such reopening of assessment is justifiable.

Section 148 notice- AO not considered objections & treated it under section 148A(b) – HC remands matter back to AO

May 13, 2023 3966 Views 0 comment Print

Sahil Infra Creative Pvt Ltd Vs ITO (Gujarat High Court) The position which unfolds in this case is that the petitioner assesse had filed its objections to the notice for reassessment under section 148 unamended issued to him, however, the Assessing Officer never attended to the objections dated 12.10.2022 and left it undecided. Thereafter, the […]

Co-owners showed capital gains of different amount – Section 148 notice invalid

May 3, 2023 1146 Views 0 comment Print

ITAT held that co-owners showed capital gains of different amount, is not a valid ground for issue of notice under section 148

Employee cannot be called up to pay tax to extent of tax deducted by employer

May 1, 2023 5127 Views 0 comment Print

Gujarat High Court held that employee shall not be called upon to pay the tax himself to the extent to which tax has been deducted by the employer. In nut-shell, department cannot deny the benefit of TDS deducted by employer to the employee even if the TDS is not deposited by employer.

Reopening based on assessment record without tangible material is unsustainable

April 27, 2023 2526 Views 0 comment Print

Gujarat High Court held that re-opening sought on the basis of assessment record without any fresh tangible material is unsustainable in law.

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