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Rajasthan High Court

Mistake of Department in generating e-way bill – HC grants stay till next date of hearing

May 6, 2023 1185 Views 0 comment Print

Vectus Industries Limited Vs Chif Commissioner (Rajasthan High Court) Heard Mr. Pankaj Ghiya, learned counsel appearing for the petitioner, Mr. M.S. Singhvi, learned Advocate General for the State Authorities and Mr. R.D. Rastogi, Additional Solicitor General appearing for Union of India upon whom the copy of the writ petition was served on the direction of […]

GSTAT not functional: Rajasthan HC grants stay on GST demand subject to payment of 20% tax

May 6, 2023 3135 Views 0 comment Print

The submission of learned counsel for the petitioner is that while filing the appeal, the petitioner had already deposited 10% of the disputed tax amount and that in view of Section 112 of the RGST Act, if he deposits further 10% of the disputed tax amount while filing the appeal before the appellate authority i.e. the tribunal, the depositing of remaining amount shall stand automatically stayed.

Rajasthan HC directs petitioner to file Application for Revocation of GST Registration cancellation

April 29, 2023 2508 Views 0 comment Print

During the pendency of this writ petition, the competent authority under the Goods and Services Tax Act, 2017 had issued a notification dated 31.03.2023 and as per the said notification, on the conditions being fulfilled, the cancellation of registration effected on the ground of non-filing of GST return, could be revoked.

Reassessment based on conjectures & surmises without any Tangible material is invalid

April 28, 2023 1770 Views 0 comment Print

Authority admits that there has to be some material on record on basis of which, A.O. would form a bonafide belief that income of assessee had escaped assessment

HC grants stay against GST recovery subject to payment of further 10% of disputed tax

April 20, 2023 537 Views 0 comment Print

Illegal demand raised by GST department. Petitioner has a remedy to approach GSTAT, but till date GSTAT not been constituted.

Bail granted to person accused for alleged offences under GST as bail already granted to main accused

February 18, 2023 969 Views 0 comment Print

Rajasthan High Court granted bail for person accused for alleged offences under GST as main accused has already been released on bail.

Rajasthan HC stays Time barred Re-assessment Proceedings

February 17, 2023 2079 Views 0 comment Print

Rajendra Bana Vs ITO (Rajasthan High Court) Shri Vedant Agarwal, learned counsel representing the petitioner drew the Court’s attention to the order dated 11.10.2022 passed by Division Bench of this Court at Jaipur in D.B. Civil Writ Petition No.14794/2022 and urged that the impugned notice whereby, the re-assessment proceedings have been opened against the petitioner, […]

No extension beyond limitation period under Central Excise Act for refund applications  

February 17, 2023 1164 Views 0 comment Print

Mehrul Industries (India) Vs Union Of India (Rajasthan High Court) Central Excise Act and the rules framed thereunder, do not contemplate extension of time beyond the period of limitation for entertaining applications for refund of duty and interest rebate claims, which have to be submitted within a period of one year as stipulated under Section […]

Cenvat Credit lapse only if product is exempted absolutely under Section 5A of Central Excise Act

February 9, 2023 1077 Views 0 comment Print

In the present case exemption is not absolute but conditional upon fulfillment of certain stipulations. Assessee entitled to benefit of Rule 11 (3)(i) of Cenvat Credit Rules of 2004.

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

February 1, 2023 1134 Views 0 comment Print

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 […]

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