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Gujarat High Court

Criminalisation & tax evasion by Uncle leads cousin to shell out Rs. 81 lakhs, Gujarat HC directs registering FIR

September 24, 2018 1272 Views 0 comment Print

Petitioner Shah Pintu Pravinbhai, eight years ago executed one power of attorney dated 02.03.2009 in favour of his uncle Shri. Sureshchandra Velchandbhai. Uncle requested the Petitioner to open up one firm in his name have GST(VAT) and CST registration and the said accused shall manage the all business and the Petitioner has to do nothing in the said business.

Tax cannot be levied On Gain from Sale of Agricultural land based on intention of Buyer to use the land for business purpose

September 23, 2018 4401 Views 0 comment Print

the land was sold as an agricultural land and in fact, what was sold was agriculture land. What was the intention of the purchaser cannot be the determinative factor to treat the profit earned by the assessee on sale of agriculture land as business income.

Goods Transported without E-Way Bill; HC refuses to provide relief to Habitual Offender

September 23, 2018 1167 Views 0 comment Print

Vanrajbhai Hasmukhbhai Chauhan Vs State of Gujarat (Gujarat High Court) Issue in brief- petitioner is a habitual offender and is in habit of transporting goods without e-way bill and similar modus operandi is adopted to pay tax, the moment he is caught. There were 10 instances wherein the petitioner is caught without e-way bill and […]

Gujarat HC stays retrospective amendment in case of inverted duty refunds

September 21, 2018 2871 Views 0 comment Print

Shree Rama Newsprint Limited Vs. Union Of India (Gujarat High Court) Gujarat High Court on 18/09/2018 grants interim stay on the retrospective amendment in case of inverted duty refunds whereby refund on input services was denied by notification dated 13-06-2018 w.e.f. 01-07-2017. This is welcome news for persons consuming job work and other service for […]

HC allows Payment of GST Arrears in Installments 

September 20, 2018 2223 Views 0 comment Print

M/s Indus Projects Limited Vs UOI (Gujarat High Court) 1. Petitioner has to pay GST dues of Rs.3.85 crores (rounded off), for which, due to its financial difficulties, the petitioner has applied to the authority for installments. Such request came to be turned down by the impugned order dated 30.08.2018 without assigning reasons. Counsel for the petitioner submitted that […]

Misconduct Proceedings cannot be initiated against Advocates, CAs, CMAs under VAT Act

September 14, 2018 2448 Views 0 comment Print

Pravin Natvarlal Modh Vs State of Gujarat (Gujarat High Court) In the instant case the petitioner is holding a certificate as a sale tax practitioner from the year 1977. In 1983 he enrolled as a an advocate under the state bar council of Gujarat. The VAT authorities initiated misconduct proceedings under section 81 of the […]

Unsecured loan/ Gifts to be added to Income if creditworthiness of giver not proved

September 12, 2018 6576 Views 0 comment Print

Sitaram Ramchanddas Patel Vs ITO (Gujarat High Court) When the assessee failed to prove the capacity of the concerned persons who alleged to have given the unsecured loan and/or gift, it cannot be said that the learned Tribunal has committed any error in confirming the additions made by the Assessing officer and confirmed by the CIT (Appeals) of Rs.19,92,730/= […]

HC dismisses PIL Challenging constitutional validity of GST Late Fee as not filed by effected parties

September 9, 2018 9792 Views 3 comments Print

n the present petition, the petitioners who are themselves active tax consultants and tax practitioners have challenged the vires of section 47 of CGST Act. They are obviously indirectly concerned with the same. As noted, they pointed out that there are millions of dealers who would be adversely affected by the provisions made therein.

Trade advances cannot be treated as Deemed dividend U/s. 2(22)(e)

September 8, 2018 825 Views 0 comment Print

Pr. CIT Vs Prakashkumar Bhagchandbhai Khatri (Gujarat High Court) Where assessee, in terms of agreement with company for development and consideration of land owned by assessee, had received trade advances, the same were not loans, therefore, section 2(22)(e) was not attracted. The Tribunal while confirming the view of CIT(A) opined that amount in question was […]

ITAT justified in not allowing set-off of share trading business loss against cash credit addition

September 6, 2018 1212 Views 0 comment Print

Truptiben Bakulbhai Pate Vs ITO (Gujarat High Court) As assessee had neither filed her return of income declaring loss nor had shown such loss in her books of account, this clearly indicated that assessee deliberately withhold the bank account and transactions recorded therein. Further, as she had not furnished any explanation about non-disclosure of bank […]

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