Rajasthan High Court

On approval of resolution plan pre-deposits for filing appeal become refundable with interest

UltraTech Nathdwara Cement Limited Vs Commercial Taxes Officer (Rajasthan High Court)

UltraTech Nathdwara Cement Limited Vs Commercial Taxes Officer (Rajasthan High Court) In terms of Section 31 of the Insolvency and Bankruptcy Code, 2013, the resolution plan, approved by the NCLAT, is binding on all stakeholders including the Operational Creditors, Financial Creditors and the Statutory Creditors, including the respondent...

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Offence under Sections 276CC Income Tax – HC grants Bail to director

Sunita Shekhawat Vs Union of India (Rajasthan High Court)

Sunita Shekhawat Vs Union of India (Rajasthan High Court) 1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Sunita Shekhawat Director M/s Siyaram Exports India Pvt. Ltd. The petitioner has been arrested in connection with case No. 56/2016 for the offence(s) under Sections 276CC Income...

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

Sanjay Ghiya Vs Union Of India (Rajasthan High Court)

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 hel...

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GST Dept. to Reimburse Pre Deposit in View of CIRP of Binani Cement: HC

Ultratech Nathdwara Cement Limited Vs The Assistant Commissioner (Rajasthan High Court)

Ultratech Nathdwara Cement Limited Vs Assistant Commissioner (Rajasthan High Court) This bunch of Sales Tax Revisions involves identical questions of facts and law and hence, the same is being decided together by a common order. These revisions have been preferred by the petitioner M/s. UltraTech Nathdwara Cement Limited for assailing the...

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Unilateral Deposit Not Create Any Rights in Land if no Allotment letter issued

Mangalam Arts Vs State of Rajasthan (Rajasthan High Court)

High Court finds that merely by depositing amount unilaterally by the petitioner-firm, in absence of any allotment letter, would not create any right to claim allotment in its favour....

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HC declines exemption from personal appearance under GST

Suresh Balkrishna Jajra Vs Union of India (Rajasthan High Court)

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 R...

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HC stays recovery of GST on royalty paid on account of excavation of sand for brick

Shree Basant Bhandar Int Udyog Vs Union of India (Rajasthan High Court at Jodhpur)

Shree Basant Bhandar Int Udyog Vs Union of India (Rajasthan High Court at Jodhpur) Learned counsel for the petitioner has submitted that as per the decision of the Hon’ble Supreme Court rendered in the case of India Cement Ltd. Etc. Vs. State of Tamil Nadu Etc., reported in AIR 1990 SC 85, the royalty is […]...

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Settlement between Workers & Management not binding under Industrial Disputes Act If Not Sent to Prescribed Authorities

Laxman Vs State of Rajasthan (Rajasthan High Court)

Laxman Vs State of Rajasthan (Rajasthan High Court) The provisions of Rule 2(p), Rules 58 and 75 of the Rules, 1958 clearly reflect that for a settlement arrived at between the parties by mutual negotiations, the same has to be sent to the State Government, Labour Commissioner and the conciliation officer concerned. The provisions are [&h...

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Reassessment provisions framed under Finance Act, 2021 cannot be deferred by CBDT notifications: HC

Shweta Kedia Vs ITO (Rajasthan High Court)

Shweta Kedia Vs ITO (Rajasthan High Court) Issues: Whether after introduction of new provisions for reassessment of income by virtue of the Finance Act, 2021 with effect from 01.04.2021, substituting the then existing provisions, would the substituted provisions survive and could be used for issuing notices for reassessment for the past y...

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Form GST ITC-02A not available on Portal: HC allows credit transfer through Form GSTR 3B

Pacific Industries Ltd. Vs Union of India (Rajasthan High Court)

The petitioner has raised a pertinent grievance in this writ petition that the Form GST ITC-02A was not available on the GSTN Portal for the entire period of 30 days from the registration of its separate business verticals and even till the date of filing of the instant writ petition...

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