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Gujarat High Court

Penalty u/s. 271(1)(c) unsustainable in absence of concealment of income or furnishing inaccurate particulars

November 20, 2023 1935 Views 0 comment Print

Gujarat High Court held that initiation of penalty proceedings u/s 271(1)(c) of the Income Tax Act in the absence of any material to establish the concealing of income or furnishing inaccurate particulars unsustainable-in-law.

Ad-interim relief granted as online gaming tantamount to betting requires detailed analysis

November 18, 2023 435 Views 0 comment Print

Gujarat High Court held that the question whether online gaming would tantamount to betting/gambling requires to be analyzed in details. Accordingly, an ad-interim relief extended to petitioner.

Gujarat High Court Halts GST Recovery Amid Tribunal Dysfunction

November 13, 2023 966 Views 0 comment Print

Gujarat High Court grants stay on recovery of GST dues as GST Appellate Tribunal remains non-functional. Detailed analysis of the Rajkalp Mudranalya Private Limited case.

GST: Non-Consideration of Reply Violates Natural Justice; HC Grants Opportunity of Hearing

November 12, 2023 1779 Views 0 comment Print

Gujarat High Court rules that non-consideration of reply and violation of natural justice in GST DRC-7 order requires a fresh hearing. Details and implications.

Reopening u/s. 148 beyond 4 years in absence of full & true disclosure of material facts unsustainable

November 9, 2023 1365 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act beyond the period of four years in absence of full and true disclosure of material facts is bad in law.

Cash Excluded from Goods for Seizure in GST Cases: Gujarat HC

November 8, 2023 1158 Views 0 comment Print

Detailed analysis of Gujarat High Court’s judgment in Bharatkumar Pravinkumar & Co. vs. State of Gujarat regarding seizure of cash under GST Act.

Reopening on ‘Borrowed Satisfaction’ Instead of ‘Independent Satisfaction’ is Unlawful

November 2, 2023 3705 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 147 of the Income Tax Act merely based on ‘borrowed satisfaction’ as against statutory requirement of ‘independent satisfaction’ is bad-in-law.

Section 154 Notice can be challenged under Article 226 of Constitution of India

November 2, 2023 1683 Views 0 comment Print

Gujarat High Court held that Challenge to notice issued under section 154 of the Income Tax Act is maintainable under Article 226 of the Constitution of India.

PCIT vs. Swetaben Patel: No Addition Without Incriminating Material

October 26, 2023 696 Views 0 comment Print

Explore the recent Gujarat High Court judgment in PCIT (Central) vs. Swetaben Ghanshyambhai Patel regarding assessments and additions in the absence of incriminating material.

Section 35(2AB) Deduction cannot be denied for failure of authority to send intimation

October 25, 2023 948 Views 0 comment Print

In the PCIT vs. Schaeffler India Ltd. case, the Gujarat High Court upholds section 35(2AB) deduction, stating that delayed intimation doesn’t negate it.

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