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Rajasthan High Court

Stamp duty payable on market value of properties being situated in the State

August 5, 2022 1479 Views 0 comment Print

Held that as per the scheme of arrangement and amalgamation, the assets situated in the state of Rajasthan and required to be assessed by the statutory scheme of the Stamp Act of 1998.

Section 148A notice not sustainable if alleged income chargeable to tax is less than Rs. 50 Lakh

July 25, 2022 1806 Views 0 comment Print

Urmila Vs Income Tax Officer (Rajasthan High Court) the very substantial point which has been raised by the petitioners that one single cash deposit of Rs.34,01,000/- has been taken as two different transactions, which according to the petitioners is factually incorrect and not borne out from any of the record including transactions made as entered […]

VAT at higher Rate cannot be levied if no star categorisation by Ministry of Tourism: Rajasthan HC

July 24, 2022 1299 Views 0 comment Print

Rajasthan HC turned down Levy of VAT at higher rate by department on Food served in Restaurants (which obtained liquor licence as per 3 Star or above category hotels)

HC explains Provisions of Section 148A of Income Tax Act, 1961

July 20, 2022 9867 Views 0 comment Print

Abdul Majeed Vs ITO (Rajasthan High Court) High Court held that while passing an order under Section 148A of the Act, the authority is required to reach satisfaction to not only that income chargeable to tax has escaped assessment, but in case where three years have elapsed from the end of the relevant assessment year, […]

GST on Mining Royalty: Rajasthan HC Grants Interim Protection

July 12, 2022 2904 Views 0 comment Print

Shree Basant Bhandar Int Udyog Vs Union of India (Rajasthan High Court) This bunch of writ petitions primarily involves the issue of permissibility of raising demand of GST on royalty. The petitioners in these petitions have challenged the notifications whereby, royalty paid by them on mining activity is being subjected to GST and/or notices issued […]

Second arbitration application not maintainable when order of arbitrator terminating arbitral proceedings was not challenged

July 10, 2022 1041 Views 0 comment Print

Vimlesh Bansal Vs Ashok Kumar (Rajasthan High Court) The legal maxim ‘Vigilantibus Non Dormientibus Jura Subveniunt’ literally translates to ‘the law assists only those who are vigilant and not those who sleep over their rights’. The said legal maxim applies squarely to the present case where applicants did not take recourse of law available to […]

GAT Evasion case: Rajasthan High Court Grants Bail to accused

July 5, 2022 1554 Views 0 comment Print

Kamal Chand Bothra Vs Union of India (Rajasthan High Court) 1. The present bail application has been filed under Section 439 Cr.P.C. arising out of F. No.DGGI/INT/INTL/668/2022/-Gr-A-O/o ADG-DGGI-JZU-JAIPUR; Registered at Directorate General Of Goods and Services Tax Intelligence, Jaipur Zonal Office, Jaipur relating to offence punishable under Sections 132 (1) of Central Goods and Services […]

GST circular dated 31.03.202 cannot be applied to oust legitimate claim for accumulated ITC refund

July 2, 2022 2268 Views 0 comment Print

Baker Hughes Asia Pacific Limited Vs Union Of India (Rajasthan High Court) HC held that that the circular dated 31.03.2020, being a subordinate legislation, is repugnant and conflicting to the parent legislation i.e. Section 54(3)(ii) of the CGST Act and hence, the same cannot be applied to oust the legitimate claim for accumulated ITC refund […]

HC grants bail to CA arrested under Prevention of Corruption Act, 1988

July 2, 2022 1401 Views 0 comment Print

HC court is of the view that applicant-petitioner is a Chartered Accountant and not a public servant. Thus provisions of Prevention of Corruption Act, 1988Act cannot be involved against a private person alone, is a question worth consideration.

Advocate cannot be prosecuted merely for rendering a legal advice/opinion

June 30, 2022 12282 Views 1 comment Print

Gopi Kishan S/o Shri Chagan Lal Vs State Of Rajasthan (Rajasthan High Court) The case of petitioner-Rani Dan, Advocate, when seen in light of the precedential backdrop, and more particularly when it is apparent on the face of the record that the role of the said petitioner, in the present case, was exercised only as […]

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