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Gujarat High Court

HC releases goods & vehicle not released despite tax & penalty payment

May 2, 2019 1254 Views 0 comment Print

Vasu Corporation Vs State of Gujarat (Gujarat High Court) 1. Mr. Uchit Sheth, learned advocate for the petitioner has, inter alia, submitted that upon the vehicle in question together with the goods being detained under section 129(1) of the Gujarat Goods and Services Tax Act, 2017 (hereinafter referred to as “the GST Act”), the petitioner has […]

Section 80IB(10) deduction cannot be denied merely because land was held by original owner during project execution

April 28, 2019 1926 Views 0 comment Print

Where assessee had claimed deduction under section 80-IB in respect to income of housing development project, the same could not be rejected merely because the land was held by original owner when the housing development project was executed, would not be detrimental to assessee’s claim of deduction under section 80-IB(10).

HC order on goods detained for not accompanying Part-B of E-way bill

April 26, 2019 5190 Views 0 comment Print

Kuntal A Parikh Vs Mr. Utkarsh Sharma (Gujarat High Court) Assistant Government Pleader for the respondents, supported the impugned order by submitting that admittedly the goods were not accompanied by Part-B of the E-way bills and hence, the second respondent was wholly justified in detaining the conveyance and goods. It was further submitted that as […]

GST: Vehicle cannot be detained for mere Deficiency in Lorry Receipt

April 14, 2019 4707 Views 0 comment Print

F S Enterprise Vs State of Gujarat (Gujarat High Court) Insofar as the Lorry Receipt issued by the transporter is concerned, carrying the same is not a requirement prescribed under rule 138A(1) of the rules. It was submitted that under the circumstances, in the absence of any statutory provision empowering the respondents to make an […]

HC on Power of Commissioner to order provisional attachment under CGST Act, 2017

April 12, 2019 1452 Views 0 comment Print

Ms. H.M. Industrial Pvt. Ltd Vs Commissioner, CGST And Central Excise (Gujarat High Court) Section 83 of the CGST Act inter alia provides that where during the pendency of any proceedings under sections 67, 73 or 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue, […]

Officers of GST department think they are above law; HC stays provisional attachment order

April 12, 2019 1884 Views 0 comment Print

One fails to understand why the concerned officer has at all attended the proceedings, if he had not bothered to come with the files. It is evident that the concerned officer must be availing of leave as well as other benefits for the purpose of coming from Bhavnagar to Ahmedabad. However, in absence of the files, the entire purpose of coming to the High Court is totally frustrated.

Reassessment proceedings invalid if officer issuing notice & recording reasons are different

April 9, 2019 2487 Views 0 comment Print

Pankajbhai Jaysukhlal Shah C/O. Meena Agency Ltd. Vs ACIT (Gujarat High Court) It is the officer who records the reasons who has to issue the notice under section 148(1) of the Act whereas in the present case the reasons have been recorded by the jurisdictional Assessing Officer, whereas the notice under section 148(1) of the […]

Reference to DVO when assessee relied on estimate made by Registered Valuer

April 7, 2019 1005 Views 0 comment Print

Pr. CIT Vs Late Shantaben P. Patel (Gujarat High Court) In this case Since assessee had relied on the estimate made by the Registered Valuer for the purpose of supporting its value of the asset, any such situation would be governed by clause (a) of section 55A and AO could not have resorted to clause […]

Deduction U/s. 80IB(10) cannot be denied merely because Assessee developer being not the owner of land

April 6, 2019 819 Views 0 comment Print

Pr. CIT Vs Green Associates (Gujarat High Court) Assessee had claimed deduction in respect to the income arising out of such activity under section 80IB (10) of the Income Tax Act. The Assessing Officer disallowed the claim mainly on the ground that the assessee was not the owner of the land and the approval of […]

GST: HC releases goods seized without complying Section 129

March 28, 2019 5958 Views 0 comment Print

Synergy Fertichem Pvt.Ltd Vs State of Gujarat (Gujarat High Court) In the present case, the show­ cause notice dated 01.03.2019 has been issued under section 130 of the CGST Act calling upon the petitioner to show cause as to why the goods in question as well as the vehicle should not be confiscated for non-payment […]

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