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Gujarat High Court

Petition premature as objections raised by petitioner needs to be dispose of by concerned authority

March 18, 2023 1530 Views 0 comment Print

Gujarat High Court dismissed the petition as being prematured. It is directed to dispose the objections raised by petitioner by the concerned authority.

Refund denial for Subsequent Addition of GSTIN in Refund Form by exporter of Appellant – HC directs re-adjudication

March 14, 2023 1437 Views 0 comment Print

Gujarat High Court allows Apex Formulations Pvt Ltd’s petition challenging CGST appeal on refund denial. Remands to Appellate Authority for fresh consideration.

GVAT: Directors of company cannot be prosecuted in absence of statutory provision

March 11, 2023 2211 Views 0 comment Print

Badal Bhupatrai Shah Vs. State of Gujarat (Gujarat High Court) The Hon’ble High Court of Gujarat allows anticipatory bail application, accepting the contention that: (i) directors of the company cannot be prosecuted in absence of a statutory provision; (ii) company has been wound up under section 433 and 434 of the companies act and hence, […]

SVLDRS discharge certificate cannot be denied for delayed payment of tax which was recredited due to a technical glitch

March 6, 2023 3111 Views 0 comment Print

HC held that, when the deposit within the stipulated time period was made, technical glitch being the reason for the non-functioning of the bank’s software would not hold the assessee liable or accountable for non-payment.

Customs Authority should take up issue regarding export of goods & not GST Authority

March 2, 2023 2268 Views 0 comment Print

Gujarat High Court held that in case there is any doubt with regard to export of goods, then, Customs Authority needs to take up the issue and not GST Authority.

Order cancelling GST registration traveling beyond the scope of notice is untenable

March 2, 2023 924 Views 0 comment Print

Gujarat High Court held that impugned order cancelling the registration traveling beyond the scope of show cause notice is untenable in law.

Coercive recovery during search without following CBIC instruction is bad in law

March 1, 2023 1971 Views 0 comment Print

Gujarat High Court held that coercive recovery during the course of search without following instruction no. 01/2022-23 dated 25th May 2022 issued by the Board is bad in law and liable to be refunded back with interest.

Bank debts has priority over other debts/ taxes payable to State Government

March 1, 2023 2928 Views 0 comment Print

Gujarat High Court held that the debts due to Bank – a secured creditor shall be paid in priority over other debts-taxes payable to the State Government.

Granting of personal hearing during complete lockdown is equal to non-granting of effective hearing

March 1, 2023 768 Views 0 comment Print

Gujarat High Court held that personal hearing was granted during the time of complete lockdown. Accordingly, non-granting of effective hearing is gross violation of natural justice and hence impugned order is liable to be quashed.

Gujarat HC quashed Section 148 notices for AY 2013-2014 & 2014-2015

February 27, 2023 28167 Views 0 comment Print

Keenara Industries Private Limited Vs ITO (Gujarat High Court) HC held that substituted provisions of sections 147 to 151 shall be applicable w.e.f. 01.04.2021, and as per First Proviso to Section 149, limitation as specified under unamended provision as it stood prior to 01.04.2021, shall be applicable. As per unamended provision prescribing limitation, no notice can […]

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