Rajasthan High Court

CBDT Circular prescribing Monetary Limit for filing Appeal has Retrospective Effect

The Commissioner of Income Tax Vs. M/s Gillette India Ltd. (Rajasthan High Court)

CIT Vs. M/s Gillette India Ltd. (Rajasthan High Court) Instant appeal is directed against order of the Income Tax Appellate Tribunal and indisputably the tax effect as brought to our notice, is less than Rs. 20 lac. A Circular No. 21/2015 has been issued by the Central Board of Direct Taxes dated 10.12.2015 in exercise […]...

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Revision U/s. 263 justified for Erroneous & prejudicial Assessment without proper inquiry

CIT Vs. Bhawal Synthetics (India) (Rajasthan High Court)

Where AO allowed set off of interest earned on fixed deposits against interest payable on borrowings then such allowance was erroneous and prejudicial to revenue, therefore, CIT rightly invoked revisionary jurisdiction....

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Deemed Registration U/s. 12AA if not granted or refused by CIT within 6 Months

CIT Vs Sahitya Sadawart Samiti (Rajasthan High Court)

1. Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal has not acted illegally and perversely in making observations with regard to grant of exemption under sec­tion 10(23C)(vi) when the Income Tax Appellate Tribunal has no jurisdiction to decide any application/appeal arising out of order passed either ...

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GSTN system is not working upto level & needs correction: Rajasthan HC

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

Looking to the averments which are made in the petition and the reply which has been filed, it appears that the system is not working upto the level and the same is required to be corrected & updated to meet requirements....

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Aadhaar Shouldn’t Be a Pre-requisite to Get Food Articles from Ration Shops

Taiyab Khan And Ors Vs State Of Raj And Ors (Rajasthan High Court)

The respondents are directed to ensure that all those who hold a Ration Card are issued the Rations as per the entitlement without insisting upon the holder of the Ration Card obtaining an Aadhar Card. ...

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Neglect to pay despite winding up notice, in law is to be deemed to be insolvent

Balkrishna Commercial Co. Ltd. Vs. Ask Dairies (P.) Ltd. (Rajasthan High Court)

This petition filed by the petitioner company M/s. Shree Balkrishna Commercial Company Limited (hereinafter ‘the petitioner company’) under section 434 of the Companies Act, 1956 (hereinafter ‘the Act of 1956’) seeks winding up of the respondent company M/s. Ask Dairies Private Limited (hereinafter ‘the respo...

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Bogus purchases: HC remitted matter back and asked to follow Gujarat HC judgments

Commissioner of Income Tax-Central Vs M/s Carpet Mahal (Rajasthan High Court)

Considering the law declared by the Supreme Court in the case of Vijay Proteins Ltd. Vs. Commissioner of Income Tax, Special Leave to Appeal (C) No.8956/2015 decided on 06.04.2015 whereby the Supreme Court has dismissed the SLP and confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court ...

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Interest on FD interest used as LC Margin Money for Industry set-up is taxable as Other Income

CIT Vs M/S Bhawal Synthetics (Rajasthan High Court)

In the case in hand, it is not in dispute that the assessee had income of interest through FDRs and while setting off that the Assessing Officer as well as the ITAT did not examine the aspect as to under which provision the assessee claimed deduction or set off his income from other sources against […]...

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No Benefit under IDS 2016 if Search initiated after launching of scheme

Surendra Pal Singh Sahni Vs The Director General of Income Tax (Rajasthan High Court)

Court be very slow in interpreting the statutes where intention legislature is to curb the evasion of tax. This is a peculiar where the Government has granted the benefit under the only to the persons who are not covered under Section and other proceedings....

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Section 158BC Notice giving insufficient time to file return in invalid

Kumawat Udyog Bus Stand Vs CIT (Rajasthan High Court)

The words mentioned in the SECTION 158bc notice are `within fifteen days’ whereas the provision mandates the time of not less than fifteen days. As notice which was issued by the authority asking the assessee to file the return within fifteen days is not in accordance with the provisions of the Income-tax Act and therefore it is invalid...

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