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Landmark Rulings

Gujarat High Court — Direct Tax

380 rulings

  1. Gujarat High Court · 04 Oct 2023
    HC - Gujarat High Court Rules in Favor of Condoning Delay in Filing Income Return.

    CHINTAN NAVNITLAL PARIKH (HUF) THROUGH KARTA CHINTAN NAVNITLAL PARIKH VERSUS DEPUTY SECRETARY (OT AND WT) CENTRAL BOARD OF DIRECT TAXES

    (2023) TaxCorp(LJ) 32443 (HC-GUJARAT) · https://taxcorp.in/FileOpenDT.aspx?ID=90668&Category=Judgment&CategoryType=Zip

  2. Gujarat High Court · 25 Sep 2023
    HC - Gujarat HC Approves Delayed Return Filing; Emphasizes Equitable and Judicious Approach by CBDT.

    Chintan Navnitlal Parikh(HUF) Vs DEPUTY SECRETARY(OT AND WT) CENTRAL BOARD OF DIRECTO TAXEX

    (2023) TaxCorp(LJ) 32413 (HC-GUJARAT)

  3. Gujarat High Court · 12 Aug 2023
    HC - Gujarat HC Quashes Reassessment Proceedings Against Non-existent Amalgamated Entity, Follows Maruti Suzuki Precedent.

    Anokhi Realty Private Limited Vs INCOME TAX OFFICER

    (2023) TaxCorp(LJ) 32137 (HC-GUJARAT)

  4. Gujarat High Court · 10 Aug 2023
    HC - Gujarat HC Upholds DTAA Benefit for TDS Error in Forms 15CA/CB.

    Star Rays Vs COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 32124 (HC-GUJARAT)

  5. Gujarat High Court · 22 Jul 2023
    Penalty Not Sustainable for Excess Depreciation Withdrawn Voluntarily Prior to Detection by Revenue

    Axis Bank Ltd Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX 1

    (2023) TaxCorp(LJ) 31991 (HC-GUJARAT)

  6. Gujarat High Court · 08 Jul 2023
    HC - Appeal under Section 260A could be admitted only when HC is satisfied that the case involves substantial question of law.

    Prabodhchandra Jayantilal Patel Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31912 (HC-GUJARAT)

  7. Gujarat High Court · 10 Jul 2023
    HC - Gujarat HC Directs Release of Seized Gold Where No Demand Pending Against Assessee; Order of the CIT(A) deleting the addition in the Assessee's hand has attained finality.

    Praveenbhai Girdharilal Agarwal Vs PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)

    (2023) TaxCorp(LJ) 31910 (HC-GUJARAT)

  8. Gujarat High Court · 01 Jul 2023
    HC - Gujarat High Court quashed the initiation of reassessment proceedings in the Assessee's case based on a revisionary order under Section 263 passed in the case of another co-owner of the land.

    Anilaben Rohitbhai Modi Vs INCOME TAX OFFICER

    (2023) TaxCorp(LJ) 31869 (HC-GUJARAT)

  9. Gujarat High Court · 10 May 2023
    The Assessee incurred average net loss of Rs.187.67 Cr during three immediately preceding FYs, thus, falls out of the ambit of Section 135.

    Adani Power Rajasthan Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31515 (HC-GUJARAT) · Section 37(1)

  10. Gujarat High Court · 08 Apr 2023
    The difference of heads under which the income was disclosed in the present case and in the coordinate bench case would not be of any material consequence in view of the final finding on the issue.

    Suman Paper & Boards Ltd Vs JOINT COMMISSIONER OF INCOME TAX & 2

    (2023) TaxCorp(LJ) 31305 (HC-GUJARAT)

  11. Gujarat High Court · 03 Jan 2023
    As per Section 144B(7), in case the variation proposed in the draft assessment order is prejudicial to the Assessee, it is entitled to request for personal hearing and upon such request, the personal hearing may be provided by the authority.

    Map Refoils India Limited Vs NATIONAL E-ASSESSMENT CENTRE

    (2023) TaxCorp(LJ) 30717 (HC-GUJARAT)

  12. Gujarat High Court · 21 Dec 2022
    The Directors cannot be said to be negligent merely because they were unable to deposit 20% of the demand raised in the assessment order for seeking stay from the appellate authority.

    Devendra Babulal Jain Vs INCOME TAX OFFICER

    (2022) TaxCorp(LJ) 30650 (HC-GUJARAT) · Section 179

  13. Gujarat High Court · 12 Dec 2022
    Considering the confidential information furnished by Revenue as well as past cases, the DBS Bank FD would protect Revenue’s interest for now.

    FCS Manufacturing (India) Pvt. Ltd Vs DEPUTY DIRECTOR OF INCOME TAX

    (2022) TaxCorp(LJ) 30598 (HC-GUJARAT)

  14. Gujarat High Court · 06 Apr 2021
    In absence of primary facts with regard to source of investment, Revenue has rightly recorded that the assessee has not furnished details with regard to the source of investment and hence the unexplained investment chargeable to tax has escaped assessment.

    Ardent Ventures LLP Vs INCOME TAX OFFICER

    (2022) TaxCorp(LJ) 29442 (HC-GUJARAT)

  15. Gujarat High Court · 23 Apr 2021
    Assessee's failed to fully and truly disclose material facts in relation to expenses incurred relatable to tax free income u/s 14A, hence reopening is justified.

    Nisha Diamonds Private Limited Vs INCOME TAX OFFICER

    (2022) TaxCorp(LJ) 29287 (HC-GUJARAT)

  16. Gujarat High Court · 19 May 2022
    Interest earned from investments made in any bank, not being co-operative society, is not deductible under section 80P(2).

    Katlary Kariyana Merchant Sahkari Sarafi Mandali Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29107 (HC-GUJARAT) · Section 148

  17. Gujarat High Court · 16 May 2022
    In any of these petitions, if there exist any other issue other than of Section 148 of the Income Tax Act, 1961, the liberty is reserved in favour of the particular writ petitioner to file a fresh petition in accordance with law.

    D G Patel Construction Pvt. Ltd. & Others Vs UNION OF INDIA

    (2022) TaxCorp(LJ) 29084 (HC-GUJARAT)

  18. Gujarat High Court · 04 May 2022
    Interest awarded by the MACT is not taxable under the Income-tax Act.

    The Oriental Insurance Co. Ltd Vs CHIEF COMMISSIONER OF INCOME TAX (TDS)

    (2022) TaxCorp(LJ) 29004 (HC-GUJARAT) · Section 145A(b)

  19. Gujarat High Court · 25 Apr 2022
    Power of the authority is hedged under Section 127(1) by two requirements that such order can be passed only after giving an assessee a reasonable opportunity of being heard and on recording reasons for doing so.

    Kamlesh Rajnikant Shah Vs PRINCIPAL COMMISSIONER OF INCOME TAX 3

    (2022) TaxCorp(LJ) 28928 (HC-GUJARAT)

  20. Gujarat High Court · 21 Apr 2022
    Courts should attach considerable importance to the time frame provided under Sections 132A and 132B reof the Act when it comes to a question of retention of books of accounts or of seized assets and the time limit should not be considered as merely directory.

    Ashish Jayantilal Sanghavi Vs INCOME TAX OFFICER

    (2022) TaxCorp(LJ) 28909 (HC-GUJARAT) · Section 132B

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