Follow Us:

Gujarat High Court

Industrial Disputes Act – Independent consultant is not workman

December 30, 2022 2154 Views 0 comment Print

It was further pointed out by the petitioner that the respondent – workman cannot be termed as workman within the meaning of Section 2(S) of the Industrial Dispute Act, 1947.

Designated committee not considered full amount of pre-deposit made – HC directs DC to relook the same

December 23, 2022 441 Views 0 comment Print

Bijal Dhimankumar Vyas Vs  Union of India (Gujarat High Court) The Designated committee (DC) did not consider the amount of pre-deposit made during investigation. The High Court held that the CESTAT had granted stay to the Petitioner on the basis of payment of pre-deposit. Thus, this deposit is not in dispute. The rejection was set […]

Refund not granted due to limitation of GSTN software is untenable in law

December 19, 2022 1422 Views 0 comment Print

Gujarat High Court held that refund is available under Section 54(6) of the CGST read with Section 91(2) of the CGST Rules however due to limitation of GSTN software the same is not granted. Refund allowed along with interest @6%.

Provisional attachment of bank account released against furnishing of bank guarantee

December 18, 2022 5286 Views 0 comment Print

Gujarat High Court held that it is satisfied that provisional attachment is hindering the continuation of business of the petitioner, hence continuation of provisional attachment not necessary as the interest of revenue can be safeguarded by furnishing of a bank guarantee.

Provisional attachment of property without initiation of proceedings is unsustainable

December 14, 2022 1947 Views 0 comment Print

Gujarat High Court held that provisional attachment of property under section 83 of the CGST Act can be invoked only during pendency of certain proceedings. In absence of any initiation of proceedings, powers of provisional attachment cannot be exercised.

Order cancelling GST registration quashed as zero-supply lead to non-filing GST return

December 13, 2022 1065 Views 0 comment Print

Gujarat High Court held that due to zero supply it was believed that GST return is not required to be filed. Further, the consultant also didn’t advise the petitioner correctly. Accordingly, order of cancellation of GST registration on account of non-filing of GST return was quashed

CVD provision based on international treaty shall be interpreted as per treaty obligations

December 12, 2022 1569 Views 0 comment Print

In present matter, the Honble Gujarat High Court held that prefacing the discussion on the aspects of law involved in the controversy and the application of provisions of the Act and the Rules, it has to be recollected that the provisions regarding countervailing duty, are based on the international treaty obligation.

Mere E-Way Bill Expiry Does Not Establishes Intention to Evade Taxes

December 10, 2022 13218 Views 0 comment Print

Gujarat High Court in case of Shree Govind Alloys Pvt. Ltd. v. State of Gujarat held that mere expiry of e-way bill during transit of vehicle cannot be a valid ground for detention and seizure.

Mere error in filing Form GSTR-3B cannot deny refund under GST

December 10, 2022 3966 Views 2 comments Print

It was the specific case of Mr. Chandubhai Bhagwandas Patel wherein even though Form GSTR-1 for the month of August 2019 was correctly filed declaring all the relevant details qua outward supplies appropriately, refund of IGST paid upon export of goods was denied to the petitioner due to mistake being committed in Form GSTR-3B for the said month.

Gujarat HC issues notice to Central & State Government to know steps taken for constituting GST Tribunal

December 9, 2022 1533 Views 0 comment Print

Firmenich Aromatics Production (India) Pvt. Ltd. Vs Union of India (Gujarat High Court) Gujarat High Court issues notice to Central Government and State seeking to know steps to taken for constituting GST Tribunal. The Hon’ble Court issues notice to Central Government and State seeking to know steps taken for constituting GST Tribunal, even after the […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031