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Gujarat High Court

HC allows operation of Bank account subject to Maintenance of amount attached by GST Dept.

February 19, 2021 1314 Views 0 comment Print

SKJ Finvest Advisory Pvt. Ltd. Vs Union of India (Gujarat High Court) Mr. Nainawati, the learned counsel appearing for the writ­applicant submits that his client shall maintain the minimum balance of Rs.22 lac in the bank account which has been attached by the department. According to Mr. Nainawati, at the time of attachment of the […]

Gujarat High Court grants regular bail in alleged GST evasion case

February 18, 2021 1578 Views 0 comment Print

Dilip Babulal Jain Vs State of Gujarat (Gujarat High Court) 1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with Case No.CBIC-DIN-20200665VB00002SBJ10 registered under Sections 132(1)(a)(b)(c)(d) of the CGST Act. 2. Learned Advocate appearing on behalf of the applicant submits that considering the […]

GST officers should act within the four corners of law: HC

February 18, 2021 3369 Views 0 comment Print

We would not have asked the officers to join the video conference but for the serious allegations which have been levelled in the respective writ ­applications. We do not intend to discourage or lower down the morale of all the officers before us. Our endeavour is only to bring it to their notice that they should act and perform their duties within the four corners of law.

Denial of IGST refund for availing Drawback: HC directs Commissioner to dispose IGST refund claim

February 17, 2021 1626 Views 0 comment Print

Asian Organo Industries Vs Principal Commissioner of Customs (High Court Gujarat) The writ applicant claims that it is eligible for the IGST refund claim on the basis of the shipping bills i.e. on the export of goods. According to the writ applicant, the shipping bills filed by an exporter of the goods are deemed to […]

HC directs DGFT Surat decide on removal of IEC code from denial entity list

February 16, 2021 2379 Views 0 comment Print

Gujarat HC directs DGFT to address petitioner’s plea on Import Export Code (IEC) denial. Full text of the judgment included.

Forceful Recovery during GST search- HC issues guidelines (Must Read)

February 16, 2021 11199 Views 1 comment Print

No recovery in any mode by cheque, cash, e-payment or adjustment of input tax credit should be made at the time of search/inspection proceedings under Section 67 of the Central/Gujarat Goods and Services Tax Act, 2017 under any circumstances.

Alleged Harassment by GST Authorities – Taxpayer tried to Commit Suicide- HC issues Notices

February 15, 2021 5043 Views 1 comment Print

This is one more matter amongst many other matters that have come up before us over a period of time wherein serious allegations of threats, pressure, coercion, etc. have been levelled against the respondents Nos.3, 4 and 5 respectively. It is pointed out by Dr. Poddar, the learned counsel appearing for the writ applicants that the harassment was to such an extent that the writ applicant No.2 attempted to commit suicide

HC Grants bail to person allegedly involved in Rs. 9 Cr GST Evasion

February 11, 2021 693 Views 0 comment Print

It is submitted that it is a case of total evasion of GST and disposing the manufactured goods without showing any record about its manufacturing activity and clandestine purchase of such products without paying of any GST has resulted in evasion to the tune of Rs. 9 Crores and odd

GST Evasion Case: HC Grants Conditional Regular Bail

February 11, 2021 1020 Views 0 comment Print

The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

Forced GST Payment, undue harassment, coercion- HC issues Notice

February 10, 2021 4350 Views 0 comment Print

That the officers conducting search proceedings also forced the management/directors of the company to make the payment of tax, interest and penalty at midnight. In fact the officers themselves have created the payment details in the system and the management was asked to make the payment.

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