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Gujarat High Court

AO cannot ignore reply submitted by Assessee related to cash deposit for Reassessment

September 5, 2018 9039 Views 0 comment Print

Hemant Manaharlal Shah (HUF) Vs ITO (Gujarat High Court)  The Assessing Officer formed a belief that income chargeable to tax has escaped assessment, on the ground that noticing a big mismatch between the returned income and cash transactions in the assessee’s bank accounts, queries were raised, which remained un­replied. This is contrary to the facts on […]

Cenvat Credit not receivable on Bogus Purchase Transaction

September 5, 2018 1209 Views 0 comment Print

Mangalam Alloys Ltd. Vs Commissioner of Central Excise Ahmedabad-III (Gujarat High Court) The Revenue authorities and the Tribunal concurrently came to the conclusion that the transactions in question were non­existence. The assessee was not able to establish the actual movement of the goods. When the RTO report strongly suggested that the vehicles in which the […]

No reopening merely on the basis of Assessment of other co­-sharer

September 1, 2018 759 Views 0 comment Print

Kalpana Chimanlal Shah Vs ITO (Gujarat High Court) The Assessing Officer examined the petitioner’s declaration of sale of immovable property and resultant loss, which she claimed. The Assessing Officer called for the purchase and sale deeds as also supporting evidence for computation of capital gain. The assessee produced such documents and the approved valuer’s report assessing […]

HC declines to extend time limit to file GST TRAN-1 for Technical Glitches in absence of evidence of genuine attempts to file return

August 31, 2018 1077 Views 0 comment Print

Gujarat HC dismisses petition by Apollo Screens Pvt Ltd. to carry forward CENVAT Credit, citing lack of evidence for technical filing errors.

Transitional Credit is substantive right & cannot be taken away by procedural requirements: Gujarat HC issues notice to Centre and GST Council

July 19, 2018 11031 Views 1 comment Print

While admitting a petition challenging the provisions of Central Goods and Services Tax (GGST) Act which restricts the time limit for filing and revising of GST Tran 1 to the extent of only 180 days from the appointed day, the Gujarat High Court has issued notices to Centre and GST Council.

Statement U/s. 133A is merely information simplicitor and not evidence per se

June 29, 2018 3456 Views 0 comment Print

Respondent assessee is a private limited company. The business premises of the company was subjected to survey operation under section 133 of the Income Tax Act, 1961 (the Act for short). During the survey operation, the Revenue claimed to have seized and impounded a diary which allegedly reveal certain cash transactions with respect to sell of Vatva land. Statement of the directors of the company were also recorded.

Expense on improving the quality of existing products are revenue expenditure

June 26, 2018 1428 Views 0 comment Print

CIT Vs Arvind Products Ltd. (Gujarat High Court) Assessee who was engaged in manufacturing textile products, had expended the amount in question for product development undertaken by a sister concern of the assessee on its behalf. The research work did not involve development of a new product or even a new technique or technology to […]

Sec. 195 No TDS deductible if sum is not chargeable to tax

June 22, 2018 4185 Views 0 comment Print

Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal, Rajkot Bench dated 28th August 2017, raising the following question for our consideration

Even Sec.143(1) assessment cannot be reopened without proper reason to believe

June 18, 2018 4617 Views 0 comment Print

Principal CIT Vs Manzil Dineshkumar Shah (Gujarat High Court) It is well settled that even in case where the original assessment is made without scrutiny, the requirement of the Assessing Officer forming the belief that income chargeable to tax has escaped assessment, would apply. Reference in this respect can be made of the judgment in […]

Non GST payment with bid fee to procure a tender makes bidder ineligible to bid

June 11, 2018 11310 Views 0 comment Print

Nila Infrastructure Limited vs. Surat Municipal Corporation (Gujarat High court) Non-payment of GST along with the bid fee to procure a tender would amount to non-compliance with the remittance of bid fee – bidder would be liable for disqualification- Gujarat High court FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS: 1.0. […]

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