Rajasthan High Court

Addition for Bogus capital Gain cannot be made merely based on Statement of Assessee

CIT Vs Smt. Pooja Agarwal (Rajasthan High Court)

CIT Vs Pooja Agarwal (Rajasthan High Court) One of the main reasons for not accepting the genuineness of the transactions declared by the appellant that at the time of survey the appellant in his statement denied having made any transactions in shares. However, subsequently the facts came on record that the appellant had transacted not [&...

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Allow filing of GST TRAN-1 either online or manually: Rajasthan HC

SRF Limited Vs Additional Commissioner (Rajasthan High Court)

SRF Limited Vs Additional Commissioner (Rajasthan High Court) Hon’ble Rajasthan High Court after taking cognizance in a bunch of writ petition filed, relating to loss of right to avail balance of input tax credit on account of technical difficulties in filing TRAN 1 has  directed the additional Commissioner to provisionally enterta...

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Consider Further Extension of Tax Audit Due Date & Section 234A Interest Waiver: Rajasthan HC

Rajasthan Tax Consultants Association Vs. Union Of India (Rajasthan High Court)

Rajasthan High Court directed CBDT to consider the representation of the petitioner-Association and take a decision on both the aspects i.e. extension of date by another 15 days and extension of due for the purpose of Explanation 1 to Section 234A of the Act for waiver of interest and decide the same by passing speaking order preferably b...

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VAT reimbursement: Whether capital receipt or revenue receipt?

Pr. CIT Vs Deepak Vegpro (P) Ltd. (Rajasthan High Court)

PCIT Vs Deepak Vegpro (P) Ltd. (Rajasthan High Court) Finance Act, 2015 with effect from 1-4-2016, has enlarged the definition of income given under section 2 (24) by inserting sub-clause (xviii), which reads as under :– (xviii) assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or […]...

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Education cess cannot be disallowed u/s 40(a)(ii)

Chambal Fertilisers And Chemicals Ltd Vs JCIT (Rajasthan High Court)

Chambal Fertilisers And Chemicals Ltd Vs JCIT (Rajasthan High Court)  The assessee is of the considered opinion that the education cess and secondary & higher education cess (collectively called as education cess) are not a “tax” and hence not disallowable u/s 40(a)(ii) of the Act on the basis of following submission:- (1) T...

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HC set aside GST Order passed without considering objections of assessee

Sakeel Father /o Shri Wali Mohammad Vs State Tax Officer (Rajasthan High Court)

Sakeel Father /o Shri Wali Mohammad Vs State Tax Officer (Rajasthan High Court) FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT 1. It is stated by learned counsel for the petitioner that show cause notice was issued to the petitioner in terms of Section 129 of the Rajasthan Goods and Service Tax, 2017. However, […]...

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A legal issue can be raised in appeal at any point of time

Ravindra Arora Vs ACIT (Rajasthan High Court)

Ravindra Arora Vs ACIT (Rajasthan High Court) Tribunal refused to decide the fresh issue with regard to deemed dividend simply because it was raised at the appellate stage was not justified as legal issue can be raised in appeal at any point of time. Hence, order passed by the Tribunal was quashed and set aside […]...

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Section 40A(2)(b): Interest Rate on Permanent Loan cannot be compared with Rate on Temporary Loan

CIT Vs Shiv Agrevo Ltd. (Rajasthan High Court)

CIT Vs  Shiv Agrevo Ltd. (Rajasthan High Court) The prevailing market rates of interest for the loans of permanent nature were between 18 per cent, to 24 per cent, whereas the cases compared by AO pertained to the loans of temporary nature and that the assessee had advanced money for the purpose of business needs. […]...

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HC directs to not to take coercive step for non-filing of GST Returns as migration was pending

M/s. Balaji Construction Company Vs state Of Rajasthan (Rajasthan High Court)

M/s. Balaji Construction Company Vs state Of Rajasthan (Rajasthan High Court) It is stated that the petitioner had applied well in time for registration under the GST Act to enable him to migrate within a specific time period. In spite of various reminders, the concerned authorities have not completed the process of migration and now [&he...

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Mere wrong claim of depreciation would not invite penalty U/s. 271(1)(c)

Chambal Fertilizers & Chemicals Ltd. Vs Asstt. CIT (Rajasthan High Court)

A mere making of a wrong, though bona fide claim of depreciation, which is not sustainable in law, by itself will not amount to furnishing inaccurate particulars of income and therefore, such wrong claim will not automatically invite penalty under section 271(1)(c)....

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