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Gujarat High Court

Reassessment notice issued to dead person not valid merely because PAN was active

March 26, 2019 3786 Views 0 comment Print

Merely because PAN is active, it cannot be presumed that the assessee is alive and notice for reassessment be issued in the name of dead person, more particularly, when the department was made aware about the death of the assessee prior to issuance of the notice.

AO must prove that sale of agricultural land is in the nature of trade to tax gain as business income

March 23, 2019 2331 Views 0 comment Print

Sale of Agricultural Land by the assessee was not ‘adventure in the nature of trade’ and therefore, profit earned on such sales cannot be taxed as business income.

HC explains Law on reopening to assess alleged Bogus Capital gains from penny stocks

March 23, 2019 2436 Views 0 comment Print

Purviben Snehalbhai Panchhigar Vs ACIT (Gujarat High Court) In the present case the Assessing Officer has heard the material on record which would prima facie suggest that the assessee had sold number of shares of a company which was found to be indulging in providing bogus claim of long term and short term capital gain. […]

Bogus GST Bill: Gujarat High Court grants Bail to CA Student

March 13, 2019 6222 Views 0 comment Print

Madhav Gopaldas Shah Vs State of Gujarat (Gujarat High Court) In a Bogus GST Billing Case Submission of learned senior advocate for the applicant that the applicant is a young person pursuing studies in Chartered Accountancy and was employed under the co-accused Hitendra Shah. . Learned advocate appearing on behalf of the applicant submits that […]

Credit of eligible duties on inputs held in stock- HC accepts writ

March 6, 2019 1074 Views 0 comment Print

It was submitted that all the five conditions enumerated under sub-section (3) of section 140 of the Act are satisfied by the petitioner. Referring to clause (iii) of sub-section (3) of section 140 of the Act, it was submitted that the same provides that the said registered person should be in possession of invoice or other prescribed documents evidencing payment of duty under the existing law in respect of such inputs.

Gujarat HC strikes down ‘pre-import condition’ under advance authorisation scheme

March 3, 2019 5739 Views 0 comment Print

Background In the pre-GST period, the advance authorization license allowed an exporter to import raw materials used for manufacturing exported goods without payment of taxes on import of raw material used for past exports. Subsequently, the scheme was amended to allow exemption from IGST as well as compensation cess by issuing Notification No.79/2017-Cus dated 13.10.2017. […]

Release Goods on furnishing of bond in Form GST INS-04 & bank guarantee: HC

February 25, 2019 7614 Views 0 comment Print

OC orders to provisionally release the seized goods upon the petitioner executing a bond in FORM GST INS-04 for the total value of the seized goods, and furnishing a bank guarantee of Rs.50 lakhs.

Ragging A Barbarous Practice – Gujarat HC

February 18, 2019 822 Views 0 comment Print

In the present case, the writ was filed by one of the student involved in the ragging who was suspended from the current academic year by the disciplinary committee of the institution. In the writ the student plead that being the bright student such suspension would ruin his future.

When petitioner was not a fly by night operator, why bank accounts attached: HC ask Dept

February 15, 2019 924 Views 0 comment Print

Mono Steel India Ltd. Vs State of Gujarat (Gujarat High Court) 1. Mr. Paresh Dave, learned advocate for the petitioner has submitted that for recovery of a sum of rupees three crore and odd, six bank accounts of the petitioner have been provisionally attached by issuing notices under section 83 of the Gujarat Goods and […]

Gujarat HC allows Rebate of Excise Duty to Petitioner in Cash instead of Cenvat Credit in post GST regime

February 11, 2019 1767 Views 0 comment Print

The Gujarat HC conclusively held that the Respondent ought to have directed the sanctioning Authority to refund the duty of the amount in cash instead of credit in the CENVAT account and for the foregoing reasons, the Petition was allowed to succeed.

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