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 ..
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.
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.
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.
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.
A writ petition was filed challenging the denial of inter-state transfer of unutilized ITC pursuant to an NCLT-approved amalgamation, raising the legal question of whether such transfer could be denied on the ground that the transferor and transferee entities were registered in different States under the GST regime.
The Hon’ble Gauhati High Court in the case of Let’s See Tour and Travels Pvt. Ltd. & Anr. v. Union…
The Hon’ble Gujarat High Court in the case of Sachde Roadlines quashed the proceedings as all the notices, show cause notice, and orders were sent to the old address, even when the Petitioner informed about the updated new address in GST registration, stating that such failures violated principles of natural justice, thus directed fresh proceedings.
Stating that there is a need to prescribe “parameters” for quasi-judicial authorities about relying on high court or Supreme Court judgments, the Gujarat High Court issued notices to the central GST and excise department to explain submissions that “appeared” to be made by the department by following “AI-generated citations and case laws”.
The Hon’ble Gujarat High Court in the case of Shree Ambica Auto Sales and Service &Anr. held that there is no statutory provision mandatorily requiring the buyer to reduce input tax credit on the basis of credit notes issued by the seller, and directed re-opening of GST portal for rectification of GSTR-1 and GSTR-3B despite due date expiry where revenue neutral.
