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Gujarat High Court

SVLDRS discharge certificate cannot be denied for delayed payment of tax which was recredited due to a technical glitch

March 6, 2023 3198 Views 0 comment Print

HC held that, when the deposit within the stipulated time period was made, technical glitch being the reason for the non-functioning of the bank’s software would not hold the assessee liable or accountable for non-payment.

Customs Authority should take up issue regarding export of goods & not GST Authority

March 2, 2023 2325 Views 0 comment Print

Gujarat High Court held that in case there is any doubt with regard to export of goods, then, Customs Authority needs to take up the issue and not GST Authority.

Order cancelling GST registration traveling beyond the scope of notice is untenable

March 2, 2023 969 Views 0 comment Print

Gujarat High Court held that impugned order cancelling the registration traveling beyond the scope of show cause notice is untenable in law.

Coercive recovery during search without following CBIC instruction is bad in law

March 1, 2023 2028 Views 0 comment Print

Gujarat High Court held that coercive recovery during the course of search without following instruction no. 01/2022-23 dated 25th May 2022 issued by the Board is bad in law and liable to be refunded back with interest.

Bank debts has priority over other debts/ taxes payable to State Government

March 1, 2023 2955 Views 0 comment Print

Gujarat High Court held that the debts due to Bank – a secured creditor shall be paid in priority over other debts-taxes payable to the State Government.

Granting of personal hearing during complete lockdown is equal to non-granting of effective hearing

March 1, 2023 804 Views 0 comment Print

Gujarat High Court held that personal hearing was granted during the time of complete lockdown. Accordingly, non-granting of effective hearing is gross violation of natural justice and hence impugned order is liable to be quashed.

Gujarat HC quashed Section 148 notices for AY 2013-2014 & 2014-2015

February 27, 2023 28227 Views 0 comment Print

Keenara Industries Private Limited Vs ITO (Gujarat High Court) HC held that substituted provisions of sections 147 to 151 shall be applicable w.e.f. 01.04.2021, and as per First Proviso to Section 149, limitation as specified under unamended provision as it stood prior to 01.04.2021, shall be applicable. As per unamended provision prescribing limitation, no notice can […]

Gujarat HC set aside section 148 notices & 148A(d) orders in 257 cases

February 26, 2023 15405 Views 1 comment Print

Keenara Industries Private Limited Vs ITO (Gujarat High Court) In the case of Keenara Industries Private Limited Vs ITO and other 256 cases Gujarat High Court set aside Notices under section 148 of Income Tax Act, 1961 and impugned orders under section 148A(d) on the ground of limitation. FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH […]

Show cause notice issued beyond the period of 3 years of payment of duty drawback not sustainable

February 26, 2023 6669 Views 0 comment Print

Gujarat High Court held that it is settled legal position that authority cannot issue show cause notice after a period of three years for assessment/ export period. Accordingly, notice cannot be issued beyond the period of 3 years of payment of the duty drawback.

GST registration cancellation without determination of amount payable is unsustainable

February 26, 2023 2316 Views 0 comment Print

Gujarat High Court held that order of cancellation of GST Registration passed without determination of the amount which is to be paid by the petitioner-assessee is unsustainable and liable to be quashed.

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