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Gujarat High Court

Provisions of section 56 of CGST Act mandates payment of interest in case of delayed refund

July 18, 2023 5004 Views 0 comment Print

Gujarat High Court held that as per provisions of section 56 of the Central Goods and Services Tax Act, 2017 [CGST Act, 2017], it is mandatory to pay interest in case of delayed refund. Accordingly, petitioner is entitled to interest on delayed refund.

Reassessment proceedings based upon unverified details are not valid

July 15, 2023 1533 Views 0 comment Print

Gujarat High Court in case of Sampatraj Dharmichand Jain Vs ITO concludes that Reassessment notice issued beyond prescribed time period and based on unverified details is invalid.

Withholding of seized gold in absence of any outstanding demand is unjustified

July 14, 2023 1206 Views 0 comment Print

Gujarat High Court held that since the order passed by the Appellate Authority has attained finality and no demand is outstanding against the appellant, it is unjustified to withhold the seized gold. Accordingly, directed to release the remaining gold at the earlier.

Sale of High Speed Diesel at concessional sales tax without complying with mandatory requirement not proved

July 14, 2023 3390 Views 0 comment Print

Gujarat High Court dismissed the allegation of sale of High Speed Diesel to various private industries at concessional sales tax without complying with the mandatory requisite permission from the Ministry of Petroleum & Natural Gas. The said allegations were dismissed in absence of any evidence.

Property tax rate duly applied as non-use or close condition of property was never in knowledge of Corporation

July 14, 2023 1185 Views 0 comment Print

Gujarat High Court held that factum of non-use and even handing over of tenancy and later resumption of possession was never in knowledge of Corporation. Further, valuation was undisputedly changed. Accordingly, the rate which was applicable at the relevant point of time is applied by the Corporation.

Order cancelling GST registration passed without assigning reason is non-speaking order

July 12, 2023 1773 Views 0 comment Print

Gujarat High Court held that order for cancellation of registration passed without assigning any reason is a non-speaking order and hence liable to be set aside.

Reassessment proceedings in absence of adequate reasoning is erroneous

July 11, 2023 1584 Views 0 comment Print

Gujarat High Court held that in absence of adequacy of reasons and its relevancy thereof, initiation of reassessment proceedings under section 148 of the Income Tax Act is erroneous and hence liable to be set aside.

Remuneration as per Office Memorandum dated 30.11.2018 payable to Company Secretary attached with office of Official Liquidator

July 8, 2023 1359 Views 0 comment Print

Gujarat High Court held that the Company Secretary attached with the office of the Official Liquidator shall be henceforth entitled to be paid remuneration in terms of the Office Memorandum dated 30.11.2018.

Alleged bogus political donations – Reassessment Notice Challenged

July 6, 2023 3807 Views 0 comment Print

The reassessment notice issued under Section 148 of the Income Tax Act, 1961, concerning the information of alleged bogus political donations, has been challenged on the grounds of exceeding the limitation period. The High Court has instructed the Assessing Officer (AO) to refrain from passing the assessment order.

HC lifts Provisional Attachment, assessee agrees to pay GST liability in installments

July 6, 2023 1173 Views 0 comment Print

Explore the notable case of Nirajkumar Nareshkumar Lakhyani v. State of Gujarat (SCA No. 6777 of 2023) in which the Gujarat High Court has overturned the Adjudicating Authority’s ruling. The judgement allows the assessee to meet tax obligations in installments, effectively lifting the provisional attachment of their bank account. Learn more about this landmark tax case and its significant implications.

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