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Gujarat High Court

Bail for GST Offences cannot be denied merely for ongoing investigation

September 25, 2022 1404 Views 0 comment Print

The department objected the bail application mainly on the ground that investigation is still under way. This Court is of considered view that, merely raising the contention that investigation is still going on is not enough, but, department should have point out that the further custody of the applicant is necessary.

GST Registration Cancellation- HC directs Dept to decide on revocation application

September 22, 2022 1056 Views 1 comment Print

Purabdhani Enterprise Vs State of Gujarat (Gujarat High Court) In this case two show cause notice were issued for cancellation of GST Registration. While the earlier show cause notice dated 9.11.2021 seeking cancellation of registration was based on the ground that firm of the petitioner was non-existent and that business was not being run, the […]

Penalty on import of timber after granting relaxation is unconstitutional: HC

September 21, 2022 2028 Views 0 comment Print

N D Timbers Vs Union of India (Gujarat High Court) The core question of law which falls for consideration by this Court is whether the levy of five time fees in the form of penalty upon the petitioners on import of timber after granting them relaxation for such import will violate the provisions of Article […]

Parents would be treated as dependents under Motor Vehicles Act: HC

September 20, 2022 9711 Views 0 comment Print

HC held that Parents would be considered as dependents under Motor Vehicles Act and the compensation awarded to them would be computed on the basis of the income of the deceased for the last three years.

No Copyright Infringement If Person holds Certificate by Registrar

September 20, 2022 1605 Views 0 comment Print

Section 51 of Copyright Act, 1957 – If any person uses without permission of licence owner or from Registrar, any product would amount to infringement of copyright.

Interest on delayed GST payment leviable on net liability

September 19, 2022 2526 Views 0 comment Print

Whether interest on delayed GST payment as per section 50 of CGST Act, 2017 can be levied on gross tax liability instead of net liability?

Reopening of assessment based on Investigation Report of other Assessee justified

September 18, 2022 2439 Views 0 comment Print

S. Raheja Realty Pvt. Ltd. Vs Office of Income Tax Officer (Gujarat High Court) On perusal of the Explanation (1) of the Section 148, it is clear that that for the purpose of Section 148A, the information with the Assessing Officer which suggests that the income chargeable to tax has escaped assessment means any information […]

GST: No rule that bail should be denied in every case of economic offence

September 14, 2022 1551 Views 0 comment Print

Bharat Gordhandas Patel Vs State of Gujarat (Gujarat High Court) HC allows bail for GST related offence on deposit of Rs. 10 Lakh in Six Instalments and held that even on allegations of grave economic offence, it is not a rule that bail should be denied in every case and whether bail is granted or […]

Application seeking police custody not maintainable after expiry of 15 days from arrest & first remand of accused

September 13, 2022 14025 Views 0 comment Print

Yogeshbhai Naginbhai Vora Vs State of Gujarat (Gujarat High Court) The only question that falls for consideration of this Court is whether the police custody / remand of the petitioner – accused can be ordered by the Court pending adjudication and in an interregnum time, when the initial period of 15 days is over? The […]

Gujarat HC allows availment of Transitional Credit – Follows SC Order

September 13, 2022 1248 Views 0 comment Print

Unique Infra Space Pvt. Ltd. Vs Union of India (Gujarat High Court) All the captioned petitions constitute a group and what the petitioners have prayed is to direct the respondent authorities to permit the petitioners to file ‘Form GST Tran-I’ to enable the petitioners to claim the carried forward eligible duties of CENVAT/Input Tax Credit […]

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