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Gujarat High Court

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

April 29, 2021 1338 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 1380 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 1473 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 8667 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 654 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 1242 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 1533 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.

Enable submission of rectified Form GST TRAN-2: HC

March 23, 2021 849 Views 0 comment Print

Jigar Cars Pvt. Ltd. Vs Union of India (Gujarat High Court) The respondents are directed to either open an online portal so as to enable the writ-applicants to again file a rectified Form GST TRAN-2 electronically, for the month of July 2017 as well as the Form GST TRAN-2 for the subsequent months from August […]

Notice for recovery under GST must be issued in Form GST DRC 07

March 23, 2021 8247 Views 0 comment Print

Rajkamal Builder Infrastructure Private Limited Vs Union of India (Gujarat High Court) Plain reading of the Rule 142(1)(a) indicates that Form GST DRC 01 can be served by the proper officer along with the notice issued under Section 52 or Section 73 or Section 74 or Section 76 or Section 122 or Section 123 or […]

Plea seeking to quash notification prescribing MIP dismissed by HC

March 19, 2021 1230 Views 0 comment Print

Pam Agro Industries Vs Union of India (Gujarat High Court) It is not in dispute that the petitioners imported cashew kernel (broken) from Vietnamese suppliers for a price ranging from Rs. 151/- to Rs. 180 /- per kg in Indian currency which is the transaction value ordinarily required to be considered for levy of custom duty […]

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