Rajasthan High Court

Customs Act: HC grants bail to accused as Gold Value was than less Rs. 1 Crore

Ronak Soni Son of Hariram soni Vs Union of India (Rajasthan High Court) -

Ronak Soni Son of Hariram soni Vs Union of India (Rajasthan High Court) The accused person Mr. Ronak Soni while coming from Kolkata to Jaipur (via train) was intercepted by officials of DRI on 27.10.2022 and he was found carrying gold weighing 1872 grams of gold valued at Rs. approx 97 lacs. However, on the […]...

Gaming services are not betting/gambling- Issue of SCN is abuse of process of law

Myteam11 Fantasy Sports Private Limited Vs Union of India (Rajasthan High Court) -

Myteam11 Fantasy Sports Private Limited Vs Union of India (Rajasthan High Court) The petitioners have been served with a show cause notice under Section 74(1) of the Central Goods & Services Tax, 2017(for short ‘CGST, 2017’) alleging that the petitioner-Company by misclassifying their supply as service instead of actionable claims...

GST: Natural justice violation in trial administrative body cannot be cured by observing natural justice at appellate stage

Chandni Crafts Vs Union of India (Rajasthan High Court) -

It is well settled that a failure of natural justice in the authority of first instance cannot be cured by sufficiency of natural justice in the appellate body, else the same would encourage the tendency of the authorities to give a short shrift to the proceedings before them....

Availment & passing of fake/ineligible ITC – HC Grants bail to accused

Gaurav Kakkar Vs Directorate General of GST Intelligence (Rajasthan High court) -

Prosecution case against petitioner is that he created fake firms for availment and passing of fake/ ineligible Input Tax Credit (ITC) to facilitate existing beneficiary firms....

Reassessment only on account of ‘change of opinion’ is liable to be struck down

Rampal Samdani Vs Union of India (Rajasthan High Court) -

Rajasthan High Court held that reassessment resorted only on account of ‘Change of opinion’ of AO and without there being any fresh tangible evidence for reopening the assessment proceedings is liable to be struck down....

Lack of supplying supporting documents for ‘reason to believe’ is a flagrant violation of principles of natural justice

Micro Marbles Private Limited Vs ITO (Rajasthan High Court) -

Held that, non-supply of documents referred in the ‘reason to believe’ notice along with the notice to the assessee deems the reassessment proceeding and any consequential proceedings illegal and is a flagrant violation of the principles of natural justice....

GST: HC Grants Bail to accused as he already paid amount of alleged tax evasion

Vikas Bajoria Vs Union of India (Rajasthan High Court) -

Vikas Bajoria Vs Union of India (Rajasthan High Court) In present case, the petitioner is in custody since 08.11.2022, investigation as against him is complete, the amount of alleged tax evasion has already been deposited with the revenue by the recipient(s). This Court is in respectful agreement with the law laid down in the cases [&hell...

Inter-state/intra-state transaction dispute: Assessee cannot be compelled to pay GST twice on same services

Skylark Infra Engineering Pvt. Ltd. Vs Union of India & Ors (Rajasthan High Court) -

Issue of inter-state/intra-state transaction is Ilegal issue & petitioner cannot be compelled to pay GST on services rendered by it twice....

Alleged GST Evasion: Rajasthan HC grants bail to accused

Khem Chand Thathera Vs State of Rajasthan (Rajasthan High Court) -

It is contended by learned counsel for the petitioner that he has falsely been implicated in this case. Learned counsel submitted that there has been violation of mandatory provisions while effecting his arrest and its continuation as contained in the Act of 2017....

Dream 11 game not falls within the ambit of gambling/betting

Chandresh Sankhla Vs State of Rajasthan (Rajasthan High Court) -

The petitioner has submitted that public in general are cheated in the name of Dream 11 game and people become culprit of gambling and betting without having the proper knowledge of law....

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