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Gujarat High Court

GST: HC notice to UOI in alleged harassment & physical violence case

February 9, 2021 1503 Views 1 comment Print

This is one more matter wherein serious allegations of harassment, coercion, threats, etc. have been alleged against the respondents Nos.4 and 5 respectively herein. It appears that the search was undertaken under Section 67 of the Act at the premises of the writ applicant, and in the course of the search, the respondents Nos.4 and 5 are alleged to have caused undue harassment to the writ applicant. It is alleged that the writ applicant was forced and threatened to transfer an amount of Rs.2.68 Crore by way of the DRC – 03.

HC directs GSTN to help in transfer of ITC

February 8, 2021 1002 Views 0 comment Print

Netrika Trends Vs Deputy Commissioner Appeals (Gujarat High Court) HC disposes writ­ application with a direction to the respondents that once the writ­ applicant comes forward with a request for transfer of the Input Tax Credit in accordance with the provisions contained in Section ­18 of the Act, the request shall be immediately look into […]

HC notice to GST Authorities for allegedly pressurising to transfer Rs.9 Cr to department account

February 5, 2021 1197 Views 0 comment Print

Assesssee alleged to have coerced and pressurized the writ applicant to transfer an amount of almost Rs. 9 Crore to the account of the department is shocking.

Reassessment justified in case there was enough material before AO

February 4, 2021 1077 Views 0 comment Print

Reassessment by AO was justified as it could not be said that there was no material before AO to re­open the assessment and he proceeded mechanically based on the sole information received from the Investigation Wing and the impugned notice was without jurisdiction and contrary to Section 147.

Initiation of GST recovery proceedings without Opportunity to taxpayer- HC gives Opportunity

February 4, 2021 2370 Views 0 comment Print

Alkem Laboratories Limited Vs Union of India (Gujarat High Court) Recovery Proceeding under GST can be initiated only after 3 Months from the date of the service of the order A perusal of the provisions of Section 78, referred to above, would indicate that no recovery proceedings can be initiated against the assessee before the […]

HC grants Bail to person in alleged Rs. 9 Cr GST Evasion case

February 4, 2021 1383 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. It is submitted that before the Sessions Court, the applicant had made offer to deposit an amount of 10% of the tax evaded and therefore, the applicant must be directed to comply with such commitment given to the trial Court.

Circular cannot prescribe particular time period, which is otherwise not provided in a statute

February 2, 2021 3306 Views 0 comment Print

The Principal Commissioner Of Customs, Mundra Vs LYKIS Limited (Gujarat High Court) From the above Section, it is clear that no time limit is prescribed. We find that the request of the appellant for conversion was rejected on the sole ground of limitation as prescribed under Board Circular No. 36/2010­ Cus. We find that since […]

Documents not relied in GST SCN needs to be returned Under Proper Receipt

February 1, 2021 2070 Views 0 comment Print

Universal Dyechem Private Limited Vs Union of India (Gujarat High Court) Once the show-cause notice is issued to the party concerned, the documents/records, which have not been relied upon, should be returned to the party. This is what even is suggested in the master circular dated 19.01.2017 which has been referred to in the representation. […]

Withholding of refundable VAT contravenes Section 36 of VAT Act

February 1, 2021 1878 Views 0 comment Print

Dharti Quarry Works Vs State of Gujarat (Gujarat High Court) We are of the view that there is no legal justification for withholding the amount referred to above, which is otherwise refundable to the writ applicants in passing of any assessment orders for the relevant assessment years. It could be said that such withholding of the refund is contrary […]

GST: Documents not relied upon in SCN required to be returned

February 1, 2021 7566 Views 0 comment Print

Documents/records which are not relied upon in the show-cause notice, are required to be returned under proper receipt to the person from whom those are seized.

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