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A GST demand order issued against Kapton Alloys Private Limited has been set aside by the Gujarat High Court, citing a breach of the principles of natural justice. The court ruled that the adjudicating authority failed to provide a personal hearing, even after the taxpayer requested one. Under Articles 226 and 227 of the Constitution, […]
The assessee is entitled to interest on the refund under the Direct Tax Vivad Se Vishwas Scheme, as ruled by the Gujarat High Court. “it is true that the assessee is not entitled to interest under Section 244A of the Income Tax Act, 1961, however, when the assessee has opted for direct tax for Vivad […]
The Gujarat High Court ruled in favour of Patanjali Foods Ltd. (Patanjali), keeping the refund of unutilized Input Tax Credit (ITC) of Rs 1,70,07,091, which was initially granted but subsequently desired to be recovered by the revenue. The applicant, Patanjali Foods, is a foremost manufacturer and seller of edible oil who applied for an ITC […]
The Gujarat High Court in a ruling held that a future amendment disallowing depreciation on goodwill, which will come into force on April 1, 2021, could not be used as a basis to reopen the assessment for the fiscal year 2017-18. The taxpayer GTPL Hathway Limited, has furnished its income tax return for the AY […]
The Gujarat High Court on Thursday (February 6) dismissed the regular bail plea of journalist Mahesh Langa in an alleged case of GST fraud along with the fraudulent claim of Input Tax Credit and forgery of documents registered by Rajkot police. Justice MR Mengdey while pronouncing the order said, “Dismissed”. It is not inclined to […]
In the case of Kashi Exports vs Union of India & Ors. (2024), the Gujarat HC instructed tax officials to take another look at a request for a refund associated with GST made by Kashi Exports. The matter is towards the computation of the adjusted total turnover under Rule 89(4) of the CGST Rules. Kashi […]
A bench of the Gujarat High Court has quashed the tax liability notices issued via the GST department that ask for recovering the tax on the GIDC plots transferred to third parties from their original allottees. The court ruled that GST does not apply to these transactions and rejected the government’s appeal to stay the […]
The bench of Justices Bhargav D Karia and D N Ray, quoting Joshi Technologies International and Gujarat State Police Housing Corporation stated that amounts filed via mistake or ignorance cannot be retained by the Revenue. The applicant is in the manufacturing of textile machinery and equipment and is registered under the GST Act, 2017. The […]
The Gujarat High Court while quashing an order of the tax authority that rejected a GST Appeal due to non-submission of a certified copy has mentioned that when an appealed order is available on a common portal and could be accessed via the Appellate Authority then there must not be any requirement to submit a […]
