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Gujarat High Court

GST Electronic credit ledger can be blocked upto 1 Year as per rule 86A

March 28, 2022 2301 Views 0 comment Print

Ems Projects Pvt. Ltd. Vs Commissioner Of CGST (Gujarat High Court) It is not in dispute that one year period has elapsed since GST Electronic credit ledger came to be blocked. Rule 86A of Central Goods and Services Tax Rules, 2017 empowers the authority to block the electronic credit ledger if the authority has reason […]

GST Evasion: HC Grants bail to accused as dept already attached property of value in excess of amount of alleged evasion

March 25, 2022 2757 Views 0 comment Print

Niraj Jaidev Arya Vs State of Gujarat (Gujarat High Court) During the course of arguments, it was pointed out by the learned Senior Advocate appearing for the applicant that the respondent-Department has already attached immovable property belonging to the applicant in excess of the amount of alleged evasion or fraudulent claim of input tax credit […]

HC Quashes vague SCN for Cancellation of GST registration

March 24, 2022 8688 Views 0 comment Print

Shah Industries Through Proprietor Vishal Hastimal Sakaria Vs State of Gujarat (Gujarat High Court) The show cause notice is bereft on any material particulars or information. In the absence of any material particulars and the details, it is difficult for any individual to respond to such a vague show cause notice. Probably what the Authority […]

Interest payable on GST refund after 60 days from the date of receipt of application

March 23, 2022 7167 Views 1 comment Print

Parekh Plastichem Distributors LLP Vs Union of India (Gujarat High Court) The plain reading of Section-56 of the Act would indicate that if any tax, which is ordered to be refunded under Sub-section (5) of Section-54 to any applicant, is not refunded within sixty days from the date of receipt of the application under Sub-section […]

Gujarat HC allows Condonation Application for Filing Form 10-IC

March 22, 2022 3033 Views 0 comment Print

Rajkamal Healds And Reeds Pvt. Ltd. Vs Assistant Director of Income Tax (Gujarat High Court) HC disposed of this writ application reserving the liberty for the writ applicant to file an appropriate application addressed to the Chief Commissioner Income Tax under Section 119 (2) (b) of the Act referred to above with a request to […]

Provisional attachment should not hamper normal business activities of taxable person

March 17, 2022 6243 Views 0 comment Print

Time and again, this Court as well as even the instructions instructions issued by the higher authority of the respondents, has directed the proper officer to ensure that their action of the provisional attachment should not hamper normal business activities of the taxable person.

GST registration cannot be cancelled by vague SCN & non-speaking order: HC

March 17, 2022 1851 Views 0 comment Print

Vinayak Metal Vs State of Gujarat (Gujarat High Court) On bare perusal of the contents of the show cause notice as well as the impugned order, we find that the said show cause notice is absolutely vague, bereft of any material particulars and the impugned order is also vague and a non-speaking order. It cannot […]

HC quashed Vague & Non-Speaking GST Registration Cancellation order

March 17, 2022 1314 Views 0 comment Print

Vinayak Metal Through Its Proprietor Ankit Ratilal Gunjariya  Vs State of Gujarat (Gujarat High Court) On bare perusal of the contents of the show cause notice as well as the impugned order, we find that the said show cause notice is absolutely vague, bereft of any material particulars and the impugned order is also vague […]

Reopening based on borrowed satisfaction is invalid

March 13, 2022 5646 Views 0 comment Print

Surani Steel Tubes Limited Vs ITO (Gujarat High Court) High Court noted that the entire base for reopening assessment is on the premise that there was ‘information’ supplied by the Investigation Wing and the Assessing Officer has made cursorily reference to high value transaction of Rs.26,42,027/- as well as also referred to accommodation entry entered […]

HC slams GST Dept for using Coercive Measures to Meet Revenue Collection Charges

March 9, 2022 4344 Views 0 comment Print

Wipro Ltd. Vs State of Gujarat (Gujarat High Court) in the absence of any debtor – creditor relationship, the department could not have asked the bank to debit the accounts of the writ applicant – company and credit a particular amount as specified in the notices to the treasury of the State Government. We may […]

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