No Reason To Believe Income Chargeable To Tax Escaped Assessment: Gujarat High Court Quashes Income Tax Notice

The Gujarat High Court in a recent ruling underscored the importance of tangible evidence and a valid reason to believe that income has escaped assessment in a significant decision regarding the validity of reopening assessments based on reasons lacking a direct connection between the taxpayer and the disputed transaction.Justice Biren Vaishnav and Bhargav D Karia observed, “Perusal of...

Gujarat High Court Quashes FIR Against Chartered Accountant Firm In GSLDC Scam

The Gujarat High Court has quashed the First Information Report (FIR) against a Chartered Accountant firm in connection with the Gujarat State Land Development Corporation Limited (GSLDC) Scam.The court emphasized that the firm's role was confined to auditing vouchers and records, and it was not directly implicated in the misconduct associated with the Khet Talavadi project, the focal point...

Income Tax Act | 35(2ab) Deduction Can't Be Denied For Failure Of Authority To Send Intimation: Gujarat High Court Upholds ITAT Decision In Schaeffler India Ltd's Tax Appeal

In a recent ruling by the Gujarat High Court, it has been held that the deduction under Section 35(2AB) of the Income Tax Act cannot be denied merely due to the failure of the authority to send intimation.The decision came in response to an appeal filed by the Revenue against the order of the Income Tax Appellate Tribunal 'C' Bench, Ahmedabad, pertaining to the assessment year 2016-17.As...

Reassessment On Suspicion To Enquire Further Is Unsustainable: Gujarat High Court

The Gujarat High Court has delivered a significant ruling, asserting that reassessment on suspicion for making further inquiry is unsustainable under section 148 of the Income Tax Act.The division bench of Justices Biren Vaishnav and Bhargav D Karia observed, “The reassessment was also therefore based on suspicion. As pointed out by learned Senior Counsel Mr.Hemani, that factors that...

Income Tax Act | Section 56(2)(Viic) Not Applicable To Fresh Issuances Or Allotments Of Shares By A Company: Gujarat High Court

The Gujarat High Court recently delivered a crucial ruling on the interpretation of Section 56(2)(viic) of the Income Tax Act, 1961, stating that the provision does not apply to fresh issuances or allotments of shares by a company.According to section 56(2)(viib), if a company receives, in any previous year, any consideration for the issue of shares that exceeds the face value of such shares...

Income Tax Act | Valid Show-Cause Notice Crucial For Recovery Under Section 179: Gujarat High Court

In a recent ruling, the Gujarat High Court has set aside an Income Tax Liability Order, highlighting the crucial requirement of a valid show-cause notice for recovery under Section 179 of the Income Tax Act, 1961.The above ruling came in a petition challenging the order dated 27.03.2019 under Section 179 of the Income Tax Act, 1961 against the petitioner holding him in his capacity as a...

District Collector Honeytrap Case: Gujarat High Court Grants Bail To Accused RAC, Says S.354C IPC Not Attracted Against Women

The Gujarat High Court has granted bail to a female Resident Additional Collector who was implicated in a case involving the installation of spy cameras in the office chamber of the District Collector, Anand. The court ruled that Section 354C of the Indian Penal Code (IPC), which pertains to voyeurism, is not applicable to women.According to the established facts of the case, the...

Gujarat High Court Denies Bail To Accused Involved In Fake Passport Scam, Says He May Use International Contacts To Flee

In a recent ruling, the Gujarat High Court denied bail to an accused individual facing charges related to the creation of forged passports and fraudulent visa stickers for various foreign countries, emphasizing the possibility that if released on bail, the accused might leverage these connections to evade legal consequencesJustice Nirzar S Desai observed, “Considering the fact that...

No Prosecution Under Copyright Act For Sale Of Duplicate Spare Parts Of Computer Hardware: Gujarat High Court

The Gujarat High Court has ruled that duplicate spare parts of computer hardware are not literary, musical or artistic works and therefore an FIR cannot be lodged for violation of the Copyright Act, 1957 for their sale.Justice Sandeep Bhatt while quashing the FIR observed, “Apart from that, even if, the FIR is taken at its face value, it refers to items, which do not fall within the...

Gujarat High Court: Protection Granted U/S 32A(2) & 33(5) Of IBC Overrides The Power Of Enforcement Directorate To Attach The Properties Under PMLA

The Gujarat High Court has held that the protection granted under Section32A(2) and Section 33(5) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) would override the power of Enforcement Directorate to attach the properties under Section 5 of the Prevention of Money Laundering Act, 2002 (“PMLA”). A single bench of Justice Vaibhavi D. Nanavati said that...

Gujarat High Court Inaugurates Dedicated Medical Facility For Stakeholders

In a collaborative effort between the Chief Justice and Judges of the Gujarat High Court and the Health Ministry of the Government of Gujarat, a state-of-the-art medical facility was inaugurated at Entry Gate No. 5 of the High Court premises.The inauguration ceremony, held on November 9, 2023, saw the presence of the Health Minister of Gujarat, Mr. Rushikesh Patel, Chief Justice Mrs....

Gujarat High Court Weekly Round-Up: November 6 To November 12, 2023

Nominal Index [Citations: 2023 LiveLaw (Guj) 177 - 182Pradeep Nirankarnath Sharma Versus State Of Gujarat 2023 LiveLaw (Guj) 177Ajayraj @ Vijendrasinh Kirodilal Meena Versus State Of Gujarat 2023 LiveLaw (Guj) 178NXGN Sports Interactive Private Limited Versus Union Of India 2023 LiveLaw (Guj) 179Bharatkumar Pravinkumar And Co. Versus State Of Gujarat 2023 LiveLaw (Guj) 180Arvind Kejriwal...