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Gujarat High Court

Department to pay Interest on delay in Grant of IGST refund to Exporters @9% p.a

July 10, 2019 9666 Views 1 comment Print

Saraf Natural Stone Vs UOI (Gujarat High Court) After implementation of GST, refund on exports got substantially delayed to most of the exporters resulting into blockage of working capital and harming the business of exporter community. In a recent Judgement delivered by The Hon’ble Gujarat High Court in Matter of M/s. Saraf Natural Stone Vs […]

GST: HC orders release of conveyance & goods being of perishable nature

July 10, 2019 2517 Views 0 comment Print

M. K. Traders Vs UOI (Gujarat High Court) Conveyance and the goods came to be detained applying the provisions of Section 130 of the Goods and Service Tax Act, 2017. Thus, the position as on date is that the confiscation proceedings are in progress. We are only concerned, as on date, with the issue, whether […]

9% Interest payable on delayed GST refund from filing date of GSTR­3B

July 10, 2019 2193 Views 0 comment Print

Willowood Chemicals Pvt. Ltd. Vs Union of India (Gujarat High Court) For the reasons assigned in the Special Civil Application No.15925 of 2018, decided on 10/07/2019, this writ­application is allowed to the extent that the writ­ applicants are entitled to the interest for the delayed payment at the rate of 9% per annum. The authority […]

Transition of credit of Education Cesses : Gujarat HC issues notice to UoI

July 10, 2019 2004 Views 0 comment Print

The Gujarat High Court has issued notice to Union of India to explain reasons for bringing the amendment in Section 140 of the Central GST Act, seeking to retrospectively disallow transition and carry forward of Education Cess and Secondary and Higher Secondary Education Cess in the GST regime

No section 68 Addition if AO fails to properly verify details available with him

July 9, 2019 1227 Views 0 comment Print

The issue under consideration is whether the Tribunal is correct in upholding the decision of CIT(A) for deleting the addition made under section 68 of the Act?

Section 14A disallowance not warranted in absence of tax-free income

July 9, 2019 3717 Views 0 comment Print

PCIT Vs Greenland Infracon P. Ltd. (Gujarat High Court) Section 14A of the Act can be invoked only if the assessee seeks to square off the expenditure against the income which does not form part of the total income under the Act, and in such circumstances, Section 14A of the Act could not have been […]

Validity of Income Tax notice issued in name of deceased assessee

July 9, 2019 5421 Views 0 comment Print

Legal representative of deceased assessee not having waived the requirement of notice under section 148 and not having submitted to jurisdiction of AO pursuant to the impugned notice issued in the name of deceased, provisions of section 292B would not get attracted and hence, notice under section 148 had to be treated as invalid.

Property of director cannot be attached for VAT liability: Gujarat High Court

June 28, 2019 4848 Views 0 comment Print

Veer Industries Ltd. Vs Commercial Tax Officer (Gujarat High Court) Section 48 clarifies that any amount payable by a dealer or any other person on account of tax, interest or penalty for which he is liable to pay to the Government shall be a first charge on the property of such dealer or as the […]

Circular cannot run contrary to Statutory Provisions to deny IGST Refund

June 27, 2019 7233 Views 0 comment Print

M/s. Amit Cotton Industries vs. Principal Commissioner of Customs (Gujarat High Court) Circular cannot run contrary to Statutory Provisions –Guj HC orders grant of IGST Refund. Facts: Writ-applicant had exported goods in July 2017. It is the case of the writ-applicant that it is eligible to seek refund of the IGST in accordance with the […]

Non- granting of credit of ITC to electronic credit ledger: HC directs GST Authorities to take appropriate decision

June 26, 2019 882 Views 0 comment Print

Red Coin Paper Product Vs Deputy Commissioner of State Tax (Gujarat High Court) According to the writ applicant, the inaction on the part of the authority in not granting credit of input tax credit to the electronic credit ledger even after rejection of the refund claimed for the period of May, 2018, June, 2018 and July, […]

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