Income tax on property sale: Gujarat HC quashes reassessment notice over ₹92 lakh land sale; here’s why
The Gujarat High Court has quashed a reassessment notice issued by the Income Tax Department in a long-running capital gains dispute,
Tag: Gujarat HC
IT informant challenges ₹17L reward, seeks ₹44.5L
Gujarat High Court dismissed a petition by an income tax informant seeking a higher reward after his inputs helped the department detect tax evasion by the Ahmedabad-based Sheladiya Group and recover Rs 8.12 crore.
Mandatory Personal Hearing under Section 75(4) Cannot Be Waived if taxpayer wrongly selected ‘No’ for personal hearing in SCN Reply
The Hon’ble Gujarat High Court in the case of Komal Jayeshbhai Hemavat held that the statutory mandate of Section 75(4) of the CGST Act requiring grant of personal hearing cannot be dispensed with
Supreme Court’s COVID Limitation Exclusion Applies to GST Appeals and Cannot Be Rejected as Time-Barred
The Hon’ble Gujarat High Court in the case of Marvin Enterprise held that the benefit of limitation exclusion granted by the Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 Order dated January 10, 2022 must be applied while computing limitation under Section 107 of the CGST Act, and consequently, an appeal filed within the extended condonable period cannot be rejected as time-barred.
Refund of GST paid, cannot be denied on cattle feeds, being exempted goods
The Hon’ble Gujarat High Court in the case of N H Associates held that refund of GST paid on cotton seed oil cake cannot be denied where the product is exempt as cattle feed under Notification No. 02/2017-CT (Rate) dated June 20, 2017, and the issue stands settled by a coordinate bench decision.
Mandatory Personal Hearing under Section 75(4) Cannot be Waived even if not opted for personal Hearing by Assessee
The Hon’ble Gujarat High Court in the case of Shree Gurukrupa Tradelink Private Limited held that the option of “no personal hearing” exercised by the assessee cannot override the statutory mandate under Section 75(4) of the GST Act ..
When the Supplier’s Default is the Recipient’s Lose of GST ITC
The Hon’ble Gujarat High Court in Maruti Enterprise upheld the constitutional validity of Section 16(2)(c) of the CGST Act, 2017 and declined to read it down, holding that the condition of actual payment of tax to the Government is integral to the statutory ITC chain and that the purchaser carries the burden of proving eligibility.
ITC on Transfer of Leasehold Rights Without Construction, Not Barred Under Section 17(5)(d)
The Hon’ble Gujarat High Court in the case of Niket Bipinbhai Patel held that ITC availed on charges paid to GIDC for sub-division and transfer of leasehold rights in plots cannot be treated as blocked credit u/s 17(5)(d) of the CGST Act and directed unblocking of ITC of ₹98,11,678 lying in the electronic credit ledger.
Bail Granted to Advocate in GST ITC Fraud Case, Where Advocate’s Role Limited to Compliance
The Hon’ble Gujarat High Court in the case of Rohitkumar Parsotambhai Sanghani held that an Advocate accused in a GST ITC fraud case was entitled to regular bail where his role appeared confined to compliance-related activities, the charge-sheet had already been filed, and he did not appear to be a major participant in the alleged conspiracy.
Inter-State Transfer of ITC on Amalgamation Permissible as given under Section 18(3) read with Rule 41 of the CGST Rules, 2017
The Hon’ble Gujarat High Court in the case of Emerson Process Management (India) Pvt Ltd held that transfer of Input Tax Credit (ITC) on amalgamation is permissible under Section 18(3) of the CGST Act read with Rule 41 of the CGST Rules, and such transfer cannot be denied merely because the transferor and transferee entities are located in different States.