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Gujarat High Court

GST evasion: HC grants bail to accused subject to deposition of Rs. 2 crore

July 29, 2022 1338 Views 0 comment Print

Revenue contended that applicant defrauded State Exchequer of Rs. 21.59 crores and still investigation is going on and quantum of tax evasion involved is also further likely to increase and considering the conduct of the applicant, if bail is granted

Denial of release of title deeds without any charge is unsustainable

July 26, 2022 2430 Views 0 comment Print

Held that it is not open for the Bank to fasten indirect liability and deny release of title deeds of the property on which there is no charge

GST exempt on services provided by applicant to schools/education organizations in relation to ASSET examination

July 18, 2022 5109 Views 0 comment Print

Educational Initiatives Pvt. Ltd. Vs Union of India (Gujarat High Court) The writ-applicant claimed that the services provided by it to the schools/education organizations in relation to the ASSET examination is exempted from the payment of the GST under the Entry No. 66(b)(iv) of the Notification No.12/2017-Central Tax (Rate) dated 28th June 2017 as well […]

GST: Every economic offence cannot be treated in same manner for Bail

July 15, 2022 1419 Views 0 comment Print

In the matter of bail, there is no straitjacket formula for consideration of bail to an accused as it all depends upon the facts and circumstances of each case.

Scolding Employee to Maintain Office Discipline not an offence under IPC

July 12, 2022 6711 Views 0 comment Print

When an employee is scolded just with a view to maintain office discipline and out of fear or being hyper­sensitive, if an employee commits suicide, that would not constitute an offence attracting provisions of Section 306 of Indian Penal Code as the action taken by the employer was in good faith to maintain office discipline.

Refund allowed of IGST paid by assessee on ocean freight charges

July 7, 2022 6585 Views 0 comment Print

Gujarat HC directed department to grant refund of IGST already paid by the assessee on the amount of ocean freight charges.

Vendor Not Liable For Adulteration in Food Articles Purchased From Manufacturer with Written Warranty

July 2, 2022 2412 Views 0 comment Print

Vendor shall not be deemed to have committed any offence. If he has purchased the article of food in any other status from any manufacturer, distributor or dealer with written warranty in the prescribed form

PPF Account cannot be attached by banks for Settlement of Debt/ Liability

July 2, 2022 12669 Views 0 comment Print

Public Provident Fund account shall not be liable to any attachment in respect of any debt or liability incurred by the account holder.

HC Sends disputed cheque to Handwriting Expert for Fair Trial

July 2, 2022 7992 Views 0 comment Print

Applicant has disputed the age of ink utilized for signature of applicant on cheque and prayed for comparison of the ink used for text on the body of the cheque, alleging that endorsement was not in full on instrument.

Alleged bogus GST billing syndicate: HC grants Bail to Accused

July 1, 2022 1737 Views 0 comment Print

Dharmesh Kirtikumar Saha Vs Union of India (Gujarat High Court) Facts: Applicant has entered into a criminal conspiracy for creating fake purchases of 2 (two) firms with well organize bogus billing syndicate which resulted into monetary loss of the government exchequer to the turn of Rs 9.33 crores. Applicant was served summon, however he didn’t not […]

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