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Gujarat High Court

Gujarat HC directs Precautionary Measures against Pandemic of Corona Virus

March 13, 2020 957 Views 0 comment Print

SUO MOTU Vs State of Gujarat through Chief Secretary, Gandhinagar (Gujarat High Court) In the wake of the Pandemic of Corona Virus (COVID19), let suo motu Public Interest Litigation be registered giving title of Precautionary Measures In The Wake Of The Pandemic of Corona Virus (COVID-19). Let the following be impleaded as party-respondents:- (i) State […]

Regular bail with suitable conditions allowed in wrongful ITC availment case

March 13, 2020 675 Views 0 comment Print

Amit Shah seeks regular bail in Gujarat High Court for GST Act offences. Court considers arrest duration, charge nature, and conditions for release.

Wrongful availment of ITC beyond Rs. 5 crores – Gujarat HC Grants bail

March 12, 2020 828 Views 0 comment Print

The applicant is facing charge under Section 132(1)(c) of the Central Goods and Services Tax Act, 2017, which is punishable maximum for a period of 5 years. As in the present case, wrongful availment of the Input Tax Credit is beyond Rs.5 crores

HC explains relevant date for application of notification

March 12, 2020 5412 Views 0 comment Print

Ruchi Soya Industries Ltd Vs. Union of India (Gujarat High Court) 1. Rule returnable forthwith. Mr.Nirzar Desai, learned Standing Counsel waives service of notice of rule on behalf of the respondent no.1. Mr.Parth Bhatt, learned advocate waives service of notice of rule on behalf of the respondent nos.2 and 3. Mr.Kartik Pandya, learned advocate waives […]

Misclassification & voluntary registration perse will not create liability

March 12, 2020 2028 Views 0 comment Print

N J Devani Builders Pvt. Ltd Vs Union Of India (Gujarat High Court) Petitioner had voluntarily registered under the head of ‘commercial /industrial construction services’, the petitioner is liable to pay service tax, is not tenable as the petitioner cannot be held to be liable to pay service tax before 01.06.2007, where, it is not […]

HC Allows filing of GST TRAN­1 which was not filed due to technical glitches

March 11, 2020 435 Views 0 comment Print

Kambay Aromatics Vs Union of India (Gujarat High Court) It appears that if the petitioner could not upload the form GST TRAN­1 due to technical glitches and in spite of various representations made by the petitioner, he was not allowed to upload the form GST TRAN­1. In view of the settled legal position as stated […]

Delay in uploading of GST TRAN 1 due to technical glitches was justified

March 11, 2020 924 Views 0 comment Print

Assessee should upload the form GST TRAN1 within a period of two weeks from the date of receipt of the writ of this order as the delay was due to technical glitches in the GST portal.

SEZ Units Entitled to Claim Refund of Unutilized IGST Credits

March 11, 2020 6621 Views 0 comment Print

High Court observed that as per the definition of ISD under Section 2(61) of CGST Act and facts of the present case, it is not possible for a supplier of goods and services to file a refund application to claim refund of input tax credit distributed by ISD.

Form TRAN-1 | Technical glitches on GST Portal | Applicant cannot be Penalised

March 11, 2020 909 Views 0 comment Print

Darsh Pharmachem Pvt. Ltd. Vs Superintendent, Central GST (Gujarat High Court) The writ-applicant is engaged in the business of manufacturing of pharmaceutical products. As provided under Section 140 of the CGST Act, 2017, the writ applicant tried to upload Form TRAN-1 for the purpose of claiming the ITC credit on-line. However on account of the […]

Transitional credit Claim| Enable filing of form GST TRAN-1 – HC

March 11, 2020 435 Views 0 comment Print

Siddhi Developers vs Union of India (Gujarat High Court) It appears that if the petitioner could not upload the form GST TRAN­1 due to technical glitches and in spite of various representations made by the petitioner, he was not allowed to upload the form GST TRAN­1. In view of the settled legal position as stated […]

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