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ORDER This matter is taken up by hybrid mode. 2. Mr. M. Agarwal, Jr. Standing Counsel (CGST, Central Excise & Customs) appearing on an advance notice states that as long as delay in filing the revocation application is condoned, and provided the Petitioner complies with all the requirements of paying the taxes, interest, late fee, penalty etc. due, the 3B Return Form filed by the Petitioner will be accepted by the Opposite Party. 3. In that view of the matter, the delay in Pet...
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ORDER An assessment order dated 17.11.2023 is challenged in this writ petition on the ground that the petitioner did not have a reasonable opportunity to contest the tax demand on merits. The petitioner asserts that he was unaware of proceedings culminating in the order impugned here in until after such order was issued. The present writ petition was filed after filing a rectification petition, which was rejected. 2. Learned counsel for the petitioner referred to the impugned order an...
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ORDER This matter is taken up by hybrid mode. 2. Learned Standing Counsel (CT & GST) appearing on an advance notice states that as long as delay in filing the revocation application is condoned, and provided the Petitioner complies with all the requirements of paying the taxes, interest, late fee, penalty etc. due, the 3B Return Form filed by the Petitioner will be accepted by the Opposite Party. 3. In that view of the matter, the delay in Petitioner’s invoking the provi...
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ORDER An order dated 01.11.2023 is challenged on the ground of breach of principles of natural justice. 2. The petitioner asserts that he was unaware of proceedings culminating in the impugned order because the show cause notice and order were uploaded on the GST portal but not communicated to the petitioner through any other mode. 3. Learned counsel for the petitioner makes a request that the petitioner be provided an opportunity to contest the tax demand on merits. On instructio...
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ORDER By this writ petition, order in relation to assessment period 2018-19 is challenged on the ground that the petitioner did not have a reasonable opportunity to contest the tax demand. 2. The petitioner received an intimation dated 07.09.2023. This was followed by a show cause notice dated 19.10.2023. Upon receipt of personal hearing notice dated 21.11.2023, the petitioner replied requesting for further time since a tax audit was being undertaken. Thereafter, upon receipt of perso...
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ORDER An order dated 01.11.2023 is challenged in this writ petition on the ground that the petitioner did not have a reasonable opportunity to contest the tax proposal. 2. The petitioner states that he is engaged in buying and selling domestic appliances. According to the petitioner, one of the suppliers, Proficient Technologies, issued invoices in November 2018 and thereafter cancelled the same by issuing credit notes in respect thereto. By further asserting that the petitioner did n...
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ORDER An order dated 30.12.2023 is assailed on the ground that such order is non-speaking and that a personal hearing was not provided to the petitioner. 2. Proceedings were initiated against the petitioner by issuing a show cause notice 07.09.2023. The petitioner's replied thereto on 04.10.2023 by enclosing documents. In response to reminder notice dated 30.11.2023, the petitioner replied on 07.12.2023. The impugned order was issued in these circumstances. 3. Learned counsel ...
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COMMON ORDER Assessment orders in respect of two distinct assessment periods are challenged primarily on the ground of breach of principles of natural justice. 2. The petitioner is a partnership firm engaged in stone mining. As a small trader, the petitioner had entrusted the task of filing returns and handling GST compliance to an accountant. The petitioner asserts that he became aware of the impugned assessment orders only in the first week of March 2024. The present writ petitions ...
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DIPEN CHAMPAKLAL SHAH vs. STATE OF GUJARAT


(Gujarat High Court | Apr 30, 2024)

ORAL ORDER 1. RULE. Learned APP waives service of rule for the respondent-State. 2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with File No. STO-3/U-98/JMR/SEC-69/VOLT METAL IND / 2023-24/O.W. NO. 17 dated 12.02.2024 registered with State Tax Officer (3) Unit-98, Jamnagar. 3. Learned Advocate appearing on behalf of the applicant submits that applicant is the proprietor of M/s. Volt Metal Industries whi...
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ORDER ( PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA ) 1. Heard learned advocate Mr.Parth Shah with learned advocate Mr.Manav Gupta with learned advocate Mr.Salil Garg for the petitioner. 2. Learned advocate Mr.Parth Shah submitted that the petitioner has challenged the Show Cause Notice dated 04.03.2024 issued by the Respondent No.1 for levy of goods and service tax on the transfer of leasehold property of the Gujarat Industrial Development Corporation. 3. It was submitted t...
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28 Apr

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