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Gujarat High Court

Order without stating reason of cancellation of GST registration is non-speaking

January 26, 2023 1797 Views 0 comment Print

Gujarat High Court held that order passed cancelling GST registration without mentioning the reason for said cancellation is non-speaking and cryptic in nature.

Reopening of assessment sustained due to failure of true & full disclosure

January 23, 2023 1017 Views 0 comment Print

Gujarat High Court held that reopening of assessment sustainable on failure of true and full disclosure of demanded material on the part of the petitioner.

GST order passed without granting opportunity of personal hearing is set aside

January 19, 2023 5874 Views 0 comment Print

Gujarat High Court held that order, making the addition of huge amount of tax, interest and penalty, passed in FORM GST DRC-07 without granting opportunity of personal hearing is liable to be set aside.

Reassessment invalid if no fresh tangible material made available by petitioner

January 17, 2023 3087 Views 0 comment Print

Ball Aerosol Packaging India Private Limited Vs ACIT (Gujarat High Court) In this case what emerges from the record is that no fresh tangible material distinct from what was made available by the petitioner during the assessment proceedings is emerging and specific queries which have been raised with regard to issues now raised have already […]

Reopening of assessment for mere change of opinion untenable in law

January 17, 2023 2766 Views 0 comment Print

Gujarat High Court held that issued raised in reopening assessment was already considered during assessment proceedings u/s 143(3) of the Income Tax Act. Accordingly, mere change of opinion by the Assessing Officer cannot be ground for reopening of assessment.

Addition unsustainable as primary onus discharged but inquiry u/s 133(6) not carried by AO

January 16, 2023 3135 Views 0 comment Print

Gujarat High Court held that once the primary onus is discharged by the assessee, it is the assessing officer who will need to make an inquiry under Section 133(6). Addition unsustainable in absence of such inquiry.

Export benefit of refund of excise duty eligible for deduction u/s 80IC

January 13, 2023 927 Views 0 comment Print

Gujarat High Court held that deduction under section 80IC of the Income Tax Act available on export benefit on account of the refund of excise duty.Gujarat High Court held that deduction under section 80IC of the Income Tax Act available on export benefit on account of the refund of excise duty.

Sufficiency/ correctness of material relied by AO for re-opening not to be considered

January 12, 2023 1521 Views 0 comment Print

Gujarat High Court held that when AO has reason to believe and have prima facie material for commencement of re-assessment proceedings, sufficiency/ correctness of the material is not a thing to be considered. Reopening justified.

Re-exporting of goods without payment of customs duty not permissible on expiry of bonded period

January 11, 2023 3915 Views 0 comment Print

Gujarat High Court held that as the bonded period is expired, the importer is liable to pay the customs duty. Importer cannot re-export the goods under section 69 without payment of the customs duty.

GST: When any adverse decision is contemplated, personal hearing is a must

January 9, 2023 2442 Views 0 comment Print

Graziano Transmission India Private Limited Vs State of Gujarat (Gujarat High Court) Section 75(4) of the CGST Act, 2017 provides that an opportunity of hearing is to be provided where a request is received in writing from the person chargeable with tax or penalty or where any adverse decision is contemplated against such person. The […]

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