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Gujarat High Court

Department should provide reason for blocking input tax credit

June 16, 2021 2193 Views 0 comment Print

M/s. Mili Enterprise Vs Union of India (Gujarat High Court) High Court issued notices to the Government observing that the department should at least provide the reason for blocking the input tax credit and it should be specified in a notice under rule 86(A). FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Heard learned Advocate […]

Personal bank accounts of promoters cannot be attached under CGST

May 12, 2021 1683 Views 0 comment Print

Roshani Sana Jaiswal Vs Commissioner of Central Taxes (Delhi High Court)  Delhi High Court which ruled that  personal bank accounts of promoters cannot be attached under CGST 1. The respondent, before triggering the provisions of Section 83 of the Act, had to satisfy itself that there was a ‘pending’ proceeding under the provisions of Section […]

Fake GST Invoice: HC Grants Bail to accused of Rs. 9.6 Cr Tax Evasion

May 3, 2021 2442 Views 0 comment Print

Suprimkumar Jitendrabhai Patel Vs State of Gujarat (Gujarat High Court) 1. Heard the learned advocates for the respective parties through video conferencing. 2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with File No. CCST/STO/ENF/FSU­9/SUPRIM PATEL/2020­21/B.1 registered with the Office of Chief Commissioner of State Tax, Gujarat […]

GST Evasion of Rs. 6.31 Cr : HC grants bail to alleged Kingpin

April 29, 2021 1320 Views 0 comment Print

Sanjay Prahladbhai Patel Vs State of Gujarat (Gujarat High Court) It is submitted that the applicant is arrested in connection with the alleged demand by the GST authorities without determining the extent liability of the said alleged demand. It is submitted that the arrest of the applicant in the alleged offence is effected only on […]

HC directs GST Department to furnish detailed order to Appellant

April 22, 2021 1332 Views 0 comment Print

Gujarat High Court relegates GST appeal to statutory authority. Petitioner challenged summary order lacking detailed consideration. Alternative remedy suggested.

Gujarat HC issues notice on artificial deduction of value of land

April 22, 2021 1449 Views 0 comment Print

Karma Buildcon Through Chetan Rameshbhai Jogi Vs Union of India (Gujarat High Court) For Builders, Real Estate developers, Para 2 Notification No.11/2017 Central Tax (Rate) dated 28.6.2017 provides for deduction of 33% from the value of supply as deemed value of land. In some of the cases due to this artificial deduction of value of […]

GST: Section 83 not permit freezing of account of third party

April 19, 2021 8589 Views 0 comment Print

Bhavesh Kiritbhai Kalani Vs Union of India (Gujarat High Court) 1. There are no proceedings against the present petitioner under Sections 62, 63, 64, 67, 73 and 74  of the Act. 2. There is no reason therefore, to invoke section 83 against the writ applicant and proceedings. 3. Since the proceedings are initiated by  the […]

State should not conceal accurate COVID-19 data: Gujarat HC

April 15, 2021 630 Views 0 comment Print

State was not expected to provide all essential infrastructure, medication and treatment facilities at once, but if the people were taken into confidence with regard to the efforts being made by the State to take care of the people suffering from the pandemic, the people at large would definitely cooperate and appreciate the efforts being made by the State.

Serious Management Issues in COVID Control: Gujarat HC takes cognizance

April 11, 2021 1203 Views 0 comment Print

SUO MOTU Vs State of Gujarat (Gujarat High Court) 1 The Division Bench presided by the Chief Justice on 06.04.2021 had a dialogue with the Senior most State Law Officers, learned Advocate General and the learned Government Pleader expressing concern regarding the upsurge of COVID-19 cases in the State and requesting the State to take […]

HC directs MSME Facilitation council to decide if council is empowered to act as an Arbitrator

April 9, 2021 1500 Views 0 comment Print

Gujarat High Court directs Micro and Small Enterprises Facilitation Council to determine if it can act as an Arbitrator after serving as a Conciliator.

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