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Gujarat High Court

Cancellation of GST registration without providing reason in SCN/Order is cryptic in nature

February 14, 2023 3513 Views 0 comment Print

HC quashed and set aside SCN and consequential GST registration cancellation order  on  ground of violation of principles of natural justice as no reasonable opportunity of hearing was given to assessee.

Detachable warrant has a conceivable cost of acquisition

February 14, 2023 1176 Views 0 comment Print

Gujarat High Court held that detachable warrants have conceivable cost of acquisition and the same is deductible from sale consideration for calculation of capital gain.

Power of attachment of bank account can’t be used as a tool to harass assessee: HC

February 13, 2023 3192 Views 1 comment Print

The petitioner was engaged in the business of trading in coal. The department issued summons for recording of statement and production of sales and purchase registers. The director of petitioner was unable to attend and requested for adjournment.

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2014-15

February 13, 2023 8724 Views 2 comments Print

Vinod Fabrics Private Limited Vs ACIT (Gujarat High Court) Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2014-15, Post SC decision in UOI vs. Ashish Agrawal FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT 1. The petitioner seeks to challenge the notice issued under Section-148 of the […]

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2013-14

February 13, 2023 9033 Views 0 comment Print

Taru Pallav Projects Pvt. Ltd. Vs ITO (Gujarat High Court) Hon. Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2013-14, Post SC decision in UOI vs. Ashish Agrawal 1. The petitioner seeks to challenge the notice issued under Section-148 of the Income Tax Act, 1961 dated 30.06.2021. In […]

Refund of excess tax paid vis-à-vis ‘C’ forms granted

February 13, 2023 1767 Views 0 comment Print

Most of my judgements are getting sufficient views. Surely sometimes the analysis may turn out to be not satisfying However addressing the same with a tag that allocation of judgement will be stopped doesnt sound professional

Pre-deposit restricted to 15% of tax demand instead of 15% of total amount fixed by AO

February 13, 2023 2196 Views 0 comment Print

Gujarat High Court directed direct pre-deposit amount to be quantified @ 15% of the tax demand raised by the respondent rather than 15% of the total amount fixed by the Assessing Officer.

Provisionally attached movable property to be released on offer of immovable property

February 11, 2023 1923 Views 0 comment Print

Gujarat High Court held that as per CBIC circular dated 23.02.2021 provisionally attached movable property (including bank account) should be released when the taxable person offers any immovable property in lieu of the same.

IGST refund claim cannot be withheld when ITC towards purchase from risky supplier had already been reversed

February 10, 2023 3165 Views 0 comment Print

Choksi Exports Vs Union of India (Gujarat High Court) – IGST refund claim cannot be withheld when ITC towards purchase from risky supplier already been reversed

Show Cause Notice Devoid of Reasons and Vague is Bad in Law

February 8, 2023 6201 Views 0 comment Print

Virani Metal Industries v. State of Gujarat (Gujarat High Court) The Gujarat High Court in M/S Virani Metal Industries v. State of Gujarat (SCA No.13233 of 2022 decided on 30.11.2022) held that the SCN issued without reasons and vague is bad in law and liable to be set aside. FACTS M/s. Virani Metal Industries (hereinafter […]

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