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Gujarat High Court

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

December 7, 2021 6687 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 8103 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 3867 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 1548 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 1947 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 4311 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 6681 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.

HC issues notice on Plea challenging Constitutional Validity of CGST Rule 90(3)

October 22, 2021 1548 Views 0 comment Print

Rule 90(3) read with the Circular dated 18.11.2019 providing for fresh application after deficiency memo to also be filed within limitation for original application is ultra vires

Provisional attachment after expiry of one year breaches Section 83 provisions of CGST Act

October 21, 2021 2910 Views 0 comment Print

Formative Tex Fab Through Its Partner Ratan Kumar Saraf Vs State of Gujarat (Gujarat High Court) HC held that continuing the attachment after completion of one year is violative of provisions of Section 83 of the CGST / GGST Act, 2017. HC held that State cannot insist on continuing with something which is impermissible under the law. HC […]

No reassessment beyond 4 years on issue already dealt during original assessment

October 19, 2021 4113 Views 0 comment Print

Saurabh Natvarlal Soparkar Vs ACIT (Ahmedabad High Court) it is evident that a specific query was raised by the Assessing Officer with respect to Section 14A and the same was appropriately replied by the writ applicant. The same was accepted at the relevant point of time. Once again the very same issue is sought to […]

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