Gujarat High Court
Delay In GST Appeal Condonable On Showing Sufficient Cause: Gujarat High Court
The Gujarat High Court on 17 April, held that a short delay in filing an appeal under the GST regime can be condoned if the appellant demonstrates “sufficient cause”, and that appellate authorities must apply their mind to the reasons instead of mechanically rejecting appeals on limitation. A Division Bench comprising Justices A.S. Supehia and Pranav Trivedi allowed the writ petition filed by Manjulaben Vinod Patel and quashed the appellate order rejecting the appeal as time-barred. The judges...
Correct Appeal Forum Depends On Officer's Actual Rank, Not What An Order Mentions: Gujarat High Court
The Gujarat High Court on 15 April 2026 held that the appellate forum under the Customs Act, 1962 must be determined by the actual rank and statutory authority exercised by the adjudicating officer, and not by any incorrect or clerical mention in the order. A Division Bench comprising Justices A.S. Supehia and Pranav Trivedi dismissed the Department's Tax Appeal and upheld the CESTAT's order, holding that the appeal was correctly filed before the Tribunal under Section 129A of the Customs Act,...
Revised IT Return Permissible Only For Bona Fide Discovery Of Omission Or Mistake: Gujarat High Court
The Gujarat High Court on 9 April, held that a taxpayer can file a revised return under Section 139(5) of the Income Tax Act, 1961 only when it discovers a bona fide omission or wrong statement in the original return filed under Section 139(1). The provision cannot be used to make deliberate or afterthought changes. The Bench of Justices A.S. Supehia and Pranav Trivedi emphasised that a valid revised return replaces the original return for all purposes under the Act, but only when it reflects...
Failure To Exercise Due Diligence By CA Is Professional Misconduct, No Dishonest Intent Needed: Gujarat High Court
The Gujarat High Court has recently held that a Chartered Accountant can be found guilty of professional misconduct solely for failing to exercise due diligence, rejecting the argument that absence of dishonest intent shields an auditor from liability. A Bench of Justices A.S. Supehia and Pranav Trivedi, interpreting the provision in the Chartered Accountants Act that defines professional misconduct (Clause 7 of Part I of the Second Schedule), said, “Thus, a Chartered Accountant in practice...
Gujarat High Court Sets Aside Move For Income Tax Reassessment In Land Sale, Bars Differing Stand On Evidence
The Gujarat High Court has set aside a tax reassessment notice issued in a land sale case, holding that the Income Tax Department cannot rely on the same evidence to take opposite positions against the buyer and the seller.The Division Bench comprising Justice A.S. Supehia and Justice Pranav Trivedi was dealing with a writ petition challenging a notice issued under Section 148 of the Income Tax Act for Assessment Year 2020–21.The case arose from a search conducted under Section 132 of the Income...
Gujarat High Court Quashes Move To Reopen Income Tax Assessment Over Vague Third-Party Material
The Gujarat High Court has quashed reassessment notices against a taxpayer, ruling that the Income Tax Department cannot reopen completed assessments based on vague third-party documents that have no clear link to the person concerned.The ruling was delivered by a Division Bench comprising Justice A. S. Supehia and Justice Pranav Trivedi in a batch of petitions led by Bhavnaben Darshanbhai Patel, challenging reassessment proceedings for Assessment Year 2020–21.The case arose after a search under...
Pre-2002 Transfer Of Self-Generated Trademarks With No Cost Of Acquisition Not Taxable: Gujarat High Court
The Gujarat High Court on 12 March, held that consideration of Rs.29.10 crore received by Zydus Lifesciences Limited on assignment of self-generated trademarks prior to 1 April 2002 is not chargeable to tax either as capital gains or as business income under the Income Tax Act, 1961. A Division Bench of Justices A.S. Supehia and Justice Pranav Trivedi dismissed the Revenue's appeal and affirmed the Tribunal's view that, in the absence of an ascertainable cost of acquisition, the charging...
Gujarat High Court Seeks Affidavit From Centre Over Failure To Make ITR Utilities Available By April 1
The Gujarat High Court recently directed the Union government to file an affidavit in a writ petition filed by the Chartered Accountants Association, Surat, and others, alleging continued non-compliance with its 2015 directions on the timely availability of income tax return e-filing utilities. A Division Bench of Justice A.S. Supehia and Justice Pranav Trivedi noted that despite its earlier ruling in All Gujarat Federation of Tax Consultants v. CBDT, the respondent Department had not followed...
Gujarat High Court Set Aside ₹25 Crore Arbitral Award As Tribunal Rewrote Contract, Ignored Reciprocal Obligations
The Gujarat High Court has upheld the setting aside of a Rs 25 crore arbitral award in a dispute over a failed industrial project, holding that the tribunal had effectively rewritten the contract by imposing an obligation to provide an approach road that was never agreed upon, while fastening liability despite the claimant not having set up the factory, which was a prerequisite for triggering the respondent's obligations. Dismissing the appeal, a Division Bench of Chief Justice Sunita Agarwal...
Cross-State ITC Transfer Cannot Be Denied on Amalgamation: Gujarat High Court
The Gujarat High Court has held that Input Tax Credit (ITC) cannot be denied on the ground that the transferor and transferee companies are located in different States in a case of amalgamation. A Bench of Justice A.S. Supehia and Justice Pranav Trivedi held, "The transfer of the ITC on amalgamation of the company is permissible as per the provision of Section 18(3) of the CGST Act read with Rule 41 of the CGST Rules. Neither of the provision prohibits or debars transfer of the ITC on the...
Search Year Included In Extended 10-Year Limit For Reopening Income Tax Assessments: Gujarat High Court
The Gujarat High Court has recently held that while computing the extended ten-year period for reopening income tax assessments following a search, the assessment year in which the search was conducted must be included in the reckoning.The bench stated that "..... the assessment year relevant to the previous year of search becomes the reference year and the ten-year period is counted from the end of that assessment year. This necessarily includes the search assessment year within the ten-year...
