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Gujarat High Court

Notice issued to ceased entity is fundamentally illegal and without jurisdiction

July 3, 2023 1485 Views 0 comment Print

Gujarat High Court held that if the company has ceased to exist as a result of the approved scheme of amalgamation then in that case, the jurisdictional notice issued in its name would be fundamentally illegal and without jurisdiction.

Granting 12 hours to reply to a SCN is violation of the principles of Natural Justice

July 1, 2023 4998 Views 0 comment Print

HC set aside the assessment order and held a proper opportunity must be given to the Assessee whenever a Show cause notice or an assessment order is issued and further commented that it is very difficult to file a reply to the Show Cause Notice within 12 hours.

Goods and conveyance detained will be released upon payment of penalty and furnishing of a bank guarantee

June 30, 2023 1365 Views 0 comment Print

HC directed Revenue Authority to release goods on conditions that assessee deposits a certain amount of penalty towards tax in lieu of confiscation of conveyance and furnish bank guarantee in lieu of confiscation of goods.

Unsustainable Order: Cancelling GST Registration due to Vague Notice

June 27, 2023 1440 Views 0 comment Print

Gujarat High Court held that order cancelling GST registration passed on the basis of very vague and cryptic show cause notice is unsustainable in law and liable to be set aside.

Gujarat HC Dismisses misconceived WP under Section 73(9) r.w.s 78 & 107 of GST Act

June 27, 2023 948 Views 0 comment Print

The Gujarat High Court dismissed the writ petition filed by Stallion Energy Private Limited challenging provisions under Section 73(9) r.w.s 78 and 107 of Gujarat Goods and Services Tax Act, 2017. This significant case explores taxation proceedings and refund claims.

Alleged Tax Evasion: Gujarat HC grants Anticipatory Bail to Officer

June 24, 2023 1167 Views 0 comment Print

Explore the Jitendrakumar Ramjibhai Detroja Vs State of Gujarat case where Gujarat High Court grants anticipatory bail to a public servant arrested under Prevention of Corruption Act, highlighting no need for custodial interrogation.

Notice proposing cancellation of GST registration without specifying reasons is cryptic & untenable

June 23, 2023 1572 Views 0 comment Print

Gujarat High Court held that show cause notice proposing cancellation of GST registration without specifying reasons for cancellation is cryptic and deserved to be quashed.

Denial of benefit of ‘Vera Samadhan Yojna, 2019’ for inadvertently less payment of petty amount unjustified

June 22, 2023 1095 Views 0 comment Print

Gujarat High Court held that merely because the petitioner inadvertently paid Rs.2000/- less towards principal outstanding amount of tax, it cannot be denied the benefit of ‘Vera Samadhan Yojna, 2019’.

Second notice mentioned reason for cancellation of GST registration hence petitioner directed to furnish reply

June 20, 2023 1359 Views 0 comment Print

Gujarat High Court directed the petitioner to furnish their reply as second show cause notice already issued by the department containing the reasons for cancellation of GST registration.

GST officials can initiate action under GST Acts against SEZ unit: Gujarat High Court

June 12, 2023 2718 Views 0 comment Print

Gujarat High Court ruling empowers GST authorities to investigate SEZ units, asserting jurisdiction and penalizing non-cooperation. RHC Global’s challenge dismissed, highlighting lawful enforcement against evasion in SEZs.

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