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Gujarat High Court

When State is inclined to give some tax benefit to tax payers, terms or provisions of policy should be interpreted in a liberal manner

April 26, 2023 1110 Views 0 comment Print

It is further observed and held that when the State is inclined to give some tax benefit to tax prayers, terms or provisions of the policy should be interpreted in a liberal manner and with an intention to see that the purpose for which the policy is framed is fulfilled and the beneficiaries is helped.

GST Registration cancellation: HC allows petitioner to apply for revocation

April 25, 2023 4995 Views 0 comment Print

Explore the Gujarat High Court judgment on GST registration cancellation revocation. Notification No. 3/2023 benefits Allyssum Infra in challenging the order.

Authority directed to complete proceedings so provisional attachment will have its own fate in wrongful ITC matter

April 24, 2023 984 Views 0 comment Print

Gujarat High Court held that in the case of wrongful availment of input tax credit matter under GST the proceeding for adjudication is commenced as show case notice is issued. Hence, court directed authorities to complete the adjudication proceedings in time-bound manner and completion of the proceedings, provisional attachment will have its own fate.

Petitioner cannot ride on two horses by filing both Appeal & writ petition

April 22, 2023 1317 Views 0 comment Print

As petitioner is already before Appellate Authority, so it is not appropriate to detain the petition, as petitioner cannot ride on two horses: HC

Benefit of TOLA 2020 not available to first proviso to Section 149(1)(b) of Income Tax Act

April 19, 2023 3585 Views 0 comment Print

Gujarat High Court held that in respect of the proceedings where the first proviso to Section 149(1)(b) is attracted, the benefit of the Taxation and Other Laws (Relaxation And Amendment of Certain Provisions) Act, 2020 (TOLA 2020) will not be available to the revenue.

Conditional provisional release granted as goods are perishable in nature

April 19, 2023 1182 Views 0 comment Print

Gujarat High Court held that when the goods are perishable in nature, the authorities should act with greater swiftness to proceed with the adjudicatory mechanism and take a final decision. Accordingly, conditional provisional release of goods granted.

SEZ Unit Entitled To Claim Refund of Unutilized ITC

April 17, 2023 22746 Views 0 comment Print

SE Forge Limited Vs Union of India (Gujarat High Court) The Gujarat High Court in M/S SE Forge Limited Vs. Union of India [Special Application No.16056 of 2022 decided on 03.02.2023] held that a SEZ Unit, is entitled to claim the refund of IGST credit lying unutilized in the Electronic Credit Ledger. FACTS M/S SE […]

GST refund denied as Exporter initially not mentioned name & GSTIN of supplier in shipping bill- HC directs reconsideration

April 13, 2023 1764 Views 0 comment Print

Gujarat HC quashes CGST appeal on refund denial. Orders fresh consideration by Appellate Authority. Apex Formulations Pvt Ltd. vs Union of India.

Notice u/s 148 beyond the period of six years is barred by limitation

April 10, 2023 38262 Views 0 comment Print

Gujarat High Court held that issuance of notice for reassessment under section 148 of the Income Tax Act beyond the period of six years from the end of the relevant assessment year is barred by limitation.

Prosecution in absence of willful admits to evade any tax, penalty or interest is unsustainable

April 8, 2023 2205 Views 0 comment Print

Gujarat High Court held that as per provisions of section 276-C prosecution can be launched only if there is willful admits to evade any tax, penalty or interest chargeable or imposable under the Income Tax Act. Prosecution in absence of willful admits is unsustainable

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