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Gujarat High Court

HC cannot invoke Section 130 at threshold unless applicant shows why it deserves to be discharged

March 4, 2020 645 Views 0 comment Print

Kohitoor Transport LLP Vs State of Gujarat (Gujarat High Court) The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of […]

Section 130 of GST cannot invoked straightway merely on suspicion

March 4, 2020 2199 Views 0 comment Print

A T Trading Company Vs State of Gujarat (Gujarat High Court) In any circumstances, the authorities concerned cannot invoke Section 130 of the Act at the threshold, I.e., at the stage of detention and seizure. What we are trying to convey is that for the purpose of invoking Section 130 of the Act at the […]

TP: Appropriateness of one or other method cannot be gone into Section 260A appeal

March 3, 2020 3153 Views 0 comment Print

PCIT Vs. Gulbrandsen Chemicals Pvt. Ltd. (Gujarat High Court) The Tribunal has taken into consideration the voluminous documentary evidence on record for the purpose of coming to the conclusion of adoption of TNMM by the assessee as the Most Appropriate Method of arriving at ALP. The Delhi High Court in the case of Make My […]

Import of capital goods under EPCG Scheme was exempt from additional duty

March 2, 2020 19161 Views 1 comment Print

Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) Chapter 5 of the Foreign Trade Policy, 2015-2020 makes provision for the EPCG Scheme, which is an incentive scheme. The incentive given is that the importer holding a valid authorisation for capital goods covered under the EPCG Scheme would be exempted from payment of […]

Redemption Fine is covered under SVLDRS

February 27, 2020 1980 Views 0 comment Print

Messrs Synpol Products Pvt. Ltd. Vs. Union of India (Gujarat High Court) When the respondents had issued show cause notice demanding excise duty together with confiscation of the goods in terms of Rule 25 (a) and (d) of the Central Excise Rules, 2002 and redemption fine in lieu of confiscation under Rule-25 as goods were […]

Detention of goods with vehicle despite no discrepancy in documents & good

February 26, 2020 888 Views 0 comment Print

 It was submitted that in the absence of any discrepancy in the documents and the goods, it is not permissible for the respondents to confiscate either the vehicle or the goods.

No IGST liability on ocean freight and hence collected IGST will be refunded

February 26, 2020 3108 Views 0 comment Print

Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) In the given case the HC have reached to the conclusion that no tax is leviable under the Integrated Goods and Services Tax Act, 2017, on the ocean freight for the services provided by a person located in a non-taxable territory by way of […]

Mere suspicion cannot be the reason for detention of goods under GST

February 19, 2020 5877 Views 0 comment Print

In any circumstances, the authorities concerned cannot invoke Section 130 of the Act at the threshold, i.e., at the stage of detention and seizure. For the purpose of invoking Section 130 of the Act at the very threshold, the authorities need to make out a very strong case.

Detention of goods only if it is found that intention was to evade payment of GST

February 19, 2020 2412 Views 0 comment Print

Hanuman Trading Co. Vs State of Gujarat (Gujarat High Court) While issuing notice, this Court directed that the vehicle as well as the goods be released, upon payment of the tax, in terms of the impugned notice. The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along […]

Cenvat credit allowable on HR / MS Flats, MS Coils used for manufacturing ships

February 14, 2020 1128 Views 0 comment Print

Commissioner of Central Excise And Service Tax Vs Pipavav Shipyard Limited (Gujarat High Court) Conclusion:  Fabrication of various cranes which were embedded to earth could be treated as excisable goods within the meaning of Capital Goods defined in Cenvat Credit Rules, 2004 and the Cenvat Credit availed of Inputs/Capital Goods like HR Plates, MS Flats, […]

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