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Gujarat High Court

Transitional credit can’t be denied for mere non filing of form Tran 1 / Tran 2: HC

September 6, 2019 44658 Views 5 comments Print

M/s. Siddharth Enterprises Vs NODAL Officer (Gujarat High Court) Hon’ble High Court held that Transitional credit can’t be denied only because form Tran 1/ Tran 2 couldn’t not be filed. Requirement of filing of Trans 1 and Trans 2 returns is procedural in nature and not mandatory and therefore right of transitional credit can not […]

Power to attach Bank Account provisionally-Irregular availment of ITC

August 28, 2019 2862 Views 0 comment Print

Pranit Hem Desai Vs Additional Director General (Gujarat High Court) Section 83 of the State GST Act empowers the Assessing Authority to make a provisional attachment of any property of the assessee during the pendency of any proceeding for the assessment or reassessment of any turnover, even though there is no demand outstanding against the […]

Power to attach assets is a drastic step and is to be used sparingly

August 28, 2019 5895 Views 0 comment Print

Gujarat High Court has held that the power under Section 83 of the Central GST Act, 2017 is a drastic power which should be used sparingly and only on substantive weighty grounds. It observed that attachment of bank accounts and trading assets should be the last resort, and that blockage of input tax credit by way of computer entry was illegal.

HC stays GSTR 3B late Fees recovery

August 28, 2019 30633 Views 1 comment Print

Pending admission, hearing and final disposal of this petition, to stay any recovery proceedings for the recovery of late fees for late filing of Form GSTR-3B for the period 1st July 2017 to 30th September 2018 for which returns are furnished between 1st July, 2017 to 21st December, 2018;

Section 148 Notice issued in the name of dead person was invaild

August 27, 2019 7521 Views 0 comment Print

Notice under section 148 issued to a dead person could not be continued against the legal representatives and moreover, section 292B also could not be resorted to.

Treatment of unabsorbed depreciation available on 1-4- 2002

August 26, 2019 1488 Views 0 comment Print

The Principal Commissioner of Income Tax-1 Vs Ankur Protein Industries Ltd. (Gujarat High Court) Whether the Appellate Tribunal has erred in law and on facts in allowing carry forward of unabsorbed depreciation following Circular No. 14 of 2001 without appreciating that the amendment to the Finance Act was prospective? Current depreciation is deductible in the […]

Entry tax on excavators by considering them as motor vehicles is unconstitutional: HC

August 21, 2019 4653 Views 0 comment Print

M H Khanusiya Vs State of Gujarat (Gujarat High Court) Levy of Entry Tax at the rate of 12.5% treating Excavators as motor vehicles and/or at par with the motor vehicles is hereby held to be illegal, discriminatory, violative of Article 304(a) of the Constitution of India and against the object and purpose of the […]

EOU – CST refund when goods cleared in DTA – FTP to prevail over HoP Appendix

August 21, 2019 1782 Views 0 comment Print

M/s. Hubergroup India Private Limited Vs Union of India (Gujarat High Court) Gujarat High Court has allowed a writ petition filed against denial of refund of Central Sales Tax (CST) to an EOU in a case when the inputs procured from the DTA were used in the production of goods cleared in the DTA during […]

Section 50C provisions cannot be applied for section 69B addition

August 20, 2019 7791 Views 0 comment Print

Gayatri Enterprise Vs ITO (Gujarat High Court) Provisions of Section 50C of the Income Tax Act cannot be applied for the purpose of making addition under section 69B of the Act. We fail to understand why section 50C of the Act has been brought into play having regard to the facts of the present case. […]

Section 148 Notice based on Investigation report sustainable if AO enquired before issuing such Notice

August 20, 2019 3696 Views 0 comment Print

The issue under consideration is whether the re-opening of the assessment u/s 147 based on information from investigation report is justified in law?

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