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CA, CS, CMA authorised to present case on behalf of client under RERA

April 28, 2022 4845 Views 0 comment Print

Sanjay Ghiya Vs Union Of India (Rajasthan High Court) Rajasthan High Court held that CHARTERED ACCOUNTANTS Or COMPANY SECRETARIES Or COST ACCOUNTANTS are authorised to present case on behalf of applicant or appellant or respondent before Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be. HC held that Respondent” […]

HC declines exemption from personal appearance under GST

April 25, 2022 3138 Views 0 comment Print

Suresh Balkrishna Jajra Vs Union of India (Rajasthan High Court) This petition has been filed by the petitioner seeking direction of exemption from personal appearance pursuant to summons issued to the petitioner under Section 70 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as ‘the Act of 2017’) issued by Respondent […]

CESTAT explains Provision of redemption fine in lieu of confiscation under Customs

February 24, 2022 10176 Views 0 comment Print

Manoj Kumar Sharma Vs. Union of India (Rajasthan High Court) Having said that, there are two areas in which we find that revisional authority has committed an error. First is of enhancing personal penalty under Section 112 of the Customs Act to Rs.40 lacs. We may recall that the adjudicating authority had imposed penalty under […]

Rajasthan HC directs department to accept deceleration under Vivad se Vishwas Scheme, 2020

February 21, 2022 3807 Views 1 comment Print

Rakesh Garg Son Vs PCIT (Rajasthan High Court) Legislature framed the direct tax Vivad se Vishwas Scheme, 2020. It was brought into effect from 17.03.2020. This act contains provisions for settlement of pending direct tax disputes. The petitioner was desirous of taking benefit of the said settlement scheme contained in the Act of 2020 and […]

Unused CENVAT credit cannot be encashed without following the procedure

February 11, 2022 819 Views 0 comment Print

Balkrishna Industries Ltd. Vs Union of India (Rajasthan High Court) It appears quite undisputable that the petitioner had availed the facility of importing goods under advance licences without payment of duty. In some cases such advance licence were invalidated in order to procure raw material duty free from local manufacturers. Raw materials so procured were […]

Disallowance U/s. 13 cannot be made for Transaction between related parties at ALP

February 11, 2022 6309 Views 0 comment Print

CIT Vs Ramdoot Prasad Sewa Samiti (Rajasthan High Court) brief facts are that respondent-assessee is a trust registered under Section 12AA of the Act and had claimed exemption under the Act for assessment year 2012­-13. The return filed by the assessee-trust was taken under scrutiny by the assessing officer. During such assessment the assessing officer […]

Bail granted to person accused of claiming Fake ITC & Creating Fake Firms

February 9, 2022 1500 Views 0 comment Print

Learned Senior Standing Counsel for the respondent has opposed the arguments advanced by learned counsel for the petitioner and submitted that the petitioner had created the fake seven firms and claimed input tax credit of Rs.16,99,89,923 (Sixteen Crores Ninety Nine lacs Eighty Nine Thousand Nine Hundred and Twenty Three).

HC cannot decide on Custom Duty Rate or value of goods for assessment

February 5, 2022 561 Views 0 comment Print

As per clause (b) of Section 130-E of the Act, an appeal shall lie to the Supreme Court against an order passed by the Appellate Tribunal which relates among other things to the determination of any question having relation to rate of duty of customs or to the value of goods for the purpose of assessment.

Rajasthan HC quashes Section 148 Notice issued after 31.03.2021 in 472 Cases

January 28, 2022 13308 Views 0 comment Print

Sudesh Taneja Vs ITO (Rajasthan High Court) In the writ petitions the petitioners have challenged respective notices issued by the Assessing Officers under Section 148 of the Income Tax Act, 1961 (‘the Act’ for short) for reopening assessments for various assessment years. All these notices have been issued after 01.04.2021 and pertain to relevant period […]

Section 263 jurisdiction cannot be exercised in twin conditions not satisfied

January 17, 2022 2283 Views 0 comment Print

CIT Vs Manna Trust (Rajasthan High Court) The respondent Trust is a registered charitable trust. The assessing officer for the assessment year 2016-17 accepted the return filed by the trust and granted exemption as applicable under law. The Commissioner, Income-Tax took the said order in revision under Section 263 of the Act and held that […]

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