Follow Us:

Gujarat High Court

Faceless assessment not valid if Section 144B procedure not complied

December 16, 2021 9561 Views 0 comment Print

Gandhi Realty (India) Private limited Vs Assistant/Joint/Deputy Commissioner of Income Tax (Gujarat High Court) Sub-section (2) of section 144(B) says that every notice or order or any other electronic communication shall be delivered to the addressee, being the assessee, by way of placing an authenticated copy thereof in the assessee’s registered account; or by sending […]

Bogus LTCG- HC upheld Reassessment notice after expiry of 4 Years

December 10, 2021 2463 Views 0 comment Print

Kaushaliya Sampatlal Dudani Vs ITO (Gujarat High Court) A bare perusal of the reasons recorded and further clarification of the information made by the revenue by way of affidavit in reply would make it clear that, the company Tuni Textile Ltd., was used in providing bogus accommodation entries of long term capital gain by certain […]

Mere disclosure of bogus transaction not sufficient, reopening of assessment sustainable

December 9, 2021 4953 Views 0 comment Print

After framing of the assessment made under Section 143(3) of the Act, tangible material came into the hands of the AO through the investigation wing and upon perusal of the same, he made independent inquiries and applied his mind and upon due satisfaction, he formed an opinion that, the income has escaped assessment.

GST Matter remanded for cross-examination of witnesses whose statement not relied upon

December 7, 2021 6624 Views 0 comment Print

Rajputana Stainless Limited Vs Union of India (Gujarat High Court) Facts- A notice alleging clandestine manufacture and clearance of finished goods during the period from 2012-13 to 2015-16 based on various statements recorded under section 14 of Central Excise Act. It included the statement of buyers and some of those buyers denied of having received […]

Deductee eligible to avail TDS credit despite non-payment of TDS by deductor

November 26, 2021 8061 Views 0 comment Print

It is held that the petitioner assessee deductee is entitled to credit of the tax deducted at source with respect to amount of TDS for which Form No.16A issued by the employer deductor. Also held that the department is precluded from denying the benefit of the tax deducted at source by the employer during the relevant financial years to the petitioner.

Section 54F exemption cannot be denied merely for purchase of property by HUF in members name

November 23, 2021 3810 Views 0 comment Print

PCIT Vs Vaidya Panalalmanilal (HUF) (Gujarat High Court) The materials on record would suggest that there was no dispute at the hands of the Revenue that the sale consideration arising out of the sale of the capital asset was used for acquisition of a new asset and that such newly acquired asset was also shown […]

GST: Partial relief provided to taxpayer on condition of co-operation in investigation

November 23, 2021 1530 Views 0 comment Print

Madhav Copper Limited Vs State of Gujarat (Gujarat High Court) Conclusion: In present facts of the case, the writ petition was disposed of by providing partial relief to the Petitioner for fulfilment of its business orders but with  a condition to cooperate with Revenue in investigation. Facts: This is a petition under Article 226 of […]

Gujarat HC denies bail to company directors for allegedly availing ITC on basis of fake bills

October 29, 2021 1908 Views 0 comment Print

Applicant was not entitled to be released on anticipatory bail for allegedly involved in wrongfully availing ITC on the basis of fake bills of RS. 737 crores as if assessee was enlarged on anticipatory bail then, there were all chances that assessee would tamper with the evidence and witnesses and at the time of trial, assessee would not be available.

Technical Glitch cannot be a reason for Non-Payment of GST Refund

October 28, 2021 4266 Views 0 comment Print

Nayara Energy Limited Vs Union of India (Gujarat High Court) On substantive part, there is no adjudication which is necessary as the respondent – authority agrees to credit the amount of Rs.50,88,42,582/- in account of the petitioner and sum of Rs.39,05,121/- in the account of the Consumer Welfare Fund by issuance of payment advice RFD-05. […]

Banks cannot retain original documents of property for dues of another loan taken under PMMY

October 28, 2021 6633 Views 0 comment Print

Bank could not withhold the original documents of the mortgage property in question for another dues under PMMY scheme, once assessee had repaid the loan as the financial assistance advanced by bank under PMMY Scheme was advanced without any collateral security.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031