Rajasthan High Court

Notice issued to RERA Rajasthan on COVID-19 order allowing deferment

Ashish Sharma S/o Shri Rajendra Sharma Vs. State of Rajasthan (Rajasthan HIgh Court)

The Rajasthan High Court issued notice to Rajasthan RERA in a PIL, Civil Writ No. 6160/2020, challenging the order issued by the Authority on 13.05.2020.  The Authority granted an across-the-board extension of 12 months to the real estate projects.  However, it also implicitly granted extension for projects whose completion date had alr...

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Bail Granted for offense of Wrongful Availment of ITC under GST

Mohit Vijay Vs Union Of India (Rajasthan High Court)

Mohit Vijay Vs Union Of India (Rajasthan High Court) In the present case, petitioner filed bail application u/s 439 CrPC for the offense of wrongful availment of Input Tax Credit under Section 132(1)(b)(c)(f)(j) and (I) of the Central Goods and Service Tax Act, 2017. High Court States that, the grant or denial is regulated, to […]...

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GST Fraud Case: HC denies Bail, considering SC Order in case of Co-Accused

Rajesh Arora Vs Union of India (Rajasthan High Court)

Rajesh Arora Vs Union of India (Rajasthan High Court) Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 15/2018 registered at Directorate General of Goods and Services Tax Intelligence Zonal Unit, Jaipur for offences under Sections 132(1)(B), (C), (D), (F), (I), (L) of...

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HC accepts plea challenging validity of provisions related to Constitution of AAR/AAAR

Chambal Fertilisers And Chemicals Limited Vs Union Of India (Rajasthan High Court)

Chambal Fertilisers And Chemicals Limited Vs Union Of India (Rajasthan High Court) The petitioner has challenged the constitutional validity of Section 96(2) of the Rajasthan Goods and Service Tax Act, 2017 for short, ‘the RGST Act’) and Section 96 of the Central Goods and Services Tax Act, 2017 (for short, ‘the CGST Act’) to the ...

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Bail granted to assessee in default under GST subject to bond securities

Atal Chopra Vs State of Rajasthan (Rajasthan High Court)

Atul Chopra Vs. State of Rajasthan (Rajasthan High Court) The issue under consideration is whether the bail will be granted to the assessee who was arrested for offence committed under GST? The offence as alleged in the FIR is under section 132(1)(a) read with section 132(1)(h), (j) and (k) of the Rajasthan Goods and Services […]...

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HC grant Bail to accused in alleged GST Fraud case

Gaurav S/o Sampat Lal Maheshwari Vs State (Rajasthan High Court, Jodhpur)

Gaurav S/o Sampat Lal Maheshwari Vs State (Rajasthan High Court, Jodhpur) (1) This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with CR No.205/2019, Police Station Udaimandir, District Jodhpur, for the offences under Sections 420, 406, 467, 468 and 471 IPC. (2) Mr. Anand Purohit, lea...

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HC adjourns bail plea as counsel appeared in ‘Baniyan’ for hearing on video conferencing

Lalaram S/o Shyojiram Vs State of Rajasthan (Rajasthan High Court)

Learned counsel for the petitioner was contacted through video conferencing he was found to be wearing Baniyan. This court has already observed that during this penadamic where court functioning is being done through video conferencing, lawyers must appear in proper uniform. Even through video conferencing a dacoram of the court is requir...

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GST demand for old unpaid dues of Binani Cement against Ultra Tech was unsustainable

Ultra Tech Nathdwara Cement Ltd. Vs Union of India (Rajasthan High Court)

The courts are given an extremely limited power of judicial review into the resolution plan duly approved by the COC. Therefore, the issuing of notices by Goods and Service Tax (GST) Department of Rajasthan for all the old unpaid dues of Binani Cement  would be acting in a totally illegal and arbitrary manner and the demand notices were ...

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Transitional Credit not allowed if no attempt was made to file GST Tran-1: Rajasthan HC

Shree Motors Vs Union of India (Rajasthan High Court)

Shree Motor Vs Union of India (Rajasthan High Court) It is alleged that due to various technical glitches/system error the petitioners have failed to file Form GST Tran-1 at common portal within the time envisaged under Rule 117 of the CGST Rules. After attempting help at the GST network portal, the petitioners approached the department [...

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Game where success depends upon substantial degree of skill are not gambling

Chandresh Sankhla Vs State of Rajasthan (Rajasthan High Court)

As per Section 12 of the Rajasthan Public Gambling Ordinance, 1949, the game involving 'mere skill' is exempted from the applicability of the Act/Ordinance and since 'Dream 11' game has been held to be a game of skill, no fault can be found by the answering respondents in the activity which is carried out by the private respondents....

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