Rajasthan High Court

Section 80 IB/IC deduction allowable on manufacturing of boxes intrinsically connected with manufacturing of electric meters

Pr. CIT Vs M/s Secure Meters Ltd. (Rajasthan High Court at Jodhpur)

Pr. CIT Vs M/s Secure Meters Ltd. (Rajasthan High Court) As far as the question relating to trading profit is concerned, the record shows that the assessee derived this income from the sale of boxes manufactured by it to house electric meters. It is not disputed that the deduction under section 80 IB/IC was for […]...

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GST- Wrong availment of input tax credit – HC Denies Bail

Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court)

Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court) HC held that Looking to the over all facts and circumstances of the case, gravity of the offence specially the fact that there are serious allegations against the petitioner of wrong availment of input tax credit of more than Rs. 40.53 Crores […...

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Section 153A: If No incriminating material found during search than no addition could be made

PCIT Vs Daksha Jain (Rajasthan High Court)

Since no incriminating material was unearthed by AO during the course of search operation under section 132, therefore no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment....

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 HC Sets Limitation Period For Preferring Appeal from a Decision of Family Court 

Kuldeep Yadav Vs  Anita Yadav (Rajasthan High Court)

We are inclined to follow the view taken by the Bombay High Court, which in any case, was also the view taken by this Court in Smt. Anita Chaudhary (supra). Since this appeal has been filed within 90 days which is prescribed period of limitation under Section 28(4) of the Act of 1955, the same is held to be within limitation....

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Background Material on Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019

Goods & Services Tax (GST) introduced in India on 1st July, 2017, subsumes seventeen tax legislations including various central legislations. The Hon’ble Union Finance Minister announced a dispute resolution cum amnesty scheme called “the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” in the Union Budget 2019-20 for res...

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Bogus invoices without actual movement of goods- HC denies Bail

Mukat Behari Sharma Vs Union of India (Rajasthan High Court)

Learned counsel for the Union of India has opposed the petition and has submitted that the offence committed by the accused is serious in nature. In-fact, the accused had issued bogus invoices without actual movement of goods which led to involvement of fraudulent input taxes amounting to Rs.40.58 crores. Admittedly, company has deposited...

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Rajasthan HC grants Bail to Accused in alleged ITC Fraud Case

Rakesh Kumar Khandelwal Vs Union of India (Rajasthan High Court)

Rakesh Kumar Khandelwal Vs Union of India (Rajasthan High Court) Petitioner has placed before the Court various Tax Invoices and e-Way Bills through which purchases have been made by the firm and the record of the Department from which it is revealed that Firms were in existence. As per Rules 25 of the GST Rules, […]...

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Profit from Sale of Agricultural Land after conversion into non-agricultural land is taxable

Sunil Bansal Vs ACIT (Rajasthan High Court)

Where the intention of assessee for purchase of the land was for resale and within a short period of time though the sale was only to the companies of which the assessee was a director, it was apparent that assessee was acting as an interface to purchase the lands from the land owners and then converted in non-agricultural use and sold to...

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HC rejects Bail application in GST Evasion Case (ITC Fraud)

Himani Munjal Vs Union of India (Rajasthan High Court)

Himani Munjal Vs Union of India (Rajasthan High Court) Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in Criminal Complaint No. 35/2018 pending before the Court of Chief Metropolitan Magistrate, (Economic Offences) Jaipur Mahanagar, for offences under Sections 132(1)(b),(c)(d),(f...

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HC explains doctrine of exhaustion of remedies

M/s. HCL Infosystems Limited Vs State of Rajasthan (Rajasthan High Court)

M/s. HCL Infosystems Limited Vs State of Rajasthan (Rajasthan High Court) The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one.  In this case Rajasthan High Court explains The [&he...

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