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Rajasthan High Court

HC quashes sketchy & non-speaking GST order passed without considering reply of Appellant

January 2, 2023 927 Views 0 comment Print

It is clear on the face of the record that the officer did not consider the detailed reply submitted on behalf of the petitioner while passing the impugned orders which are sketchy and non-speaking on the face of it.

State obliged to issue C’ Forms for the period prior to GST regime

January 2, 2023 651 Views 0 comment Print

High Court held Declaration forms or ‘C’ Forms are required to be issued by the relevant State, which in the present case is State of Rajasthan.

GST Officer acted in a ‘Reckless Illegal Manner’: HC

January 1, 2023 609 Views 0 comment Print

HC held that we are of the opinion that the Officer acted in a reckless illegal manner leading to unwarranted litigation being filed in Court.

Dismissal of Time-barred Appeal against GST Registration cancellation – HC allows to file new appeal

December 26, 2022 1992 Views 0 comment Print

Prakash Purohit Vs Commissioner, Central Goods And Service Tax (Rajasthan High Court) It is not disputed that appeal against cancellation of the GST registration can be filed within three months which can be extended by a further period of 30 days. The petitioner filed the e-appeal on 27.09.2022 but could not submit the hard-copy. The […]

Non-Communication of Order by Counsel is ‘Reasonable Cause’ to condone Delay In Filing Appeal

December 12, 2022 1233 Views 0 comment Print

Jamna Devi Vs ITO (Rajasthan High Court) The matter comes up for consideration of the application (CMCC No.97/2022) preferred under Section 5 of the Limitation Act on behalf of the appellant-assessee with a prayer to condone the delay of 1060 days caused in filing the present income tax appeal. Learned counsel for the appellant-assessee has […]

Reassessment Notice issued In Person instead of Faceless Manner: HC Stays Proceedings

December 12, 2022 1887 Views 0 comment Print

A scheme has been formulated whereunder issuance of notice under Section 148 of the IT Act has to be through automated allocation and in a faceless manner, whereas in the instant case, the aforesaid procedure has not been followed, rather the notice has been issued by a particular person and not in a face less manner.

Tribunal is expected to follow direction of High Court in pith and substance

December 1, 2022 528 Views 0 comment Print

Pooja Agarwal Vs CIT (Rajasthan High Court) When there is a direction issued by the High Court, the Tribunal is expected to follow the same in pith and substance. The direction of the High Court in remanding the matter to the Tribunal was to verify the distance of the land from the outskirts of the […]

PML Act: Director or Additional Director can issue summons to a person

November 23, 2022 702 Views 0 comment Print

A conjoint reading of sub Section (1) (b) & (2) of Section 50 of Prevention of Money-Laundering Act, 2002 makes it abundantly clear that it is wide enough to authorize and empower Director or Additional Director to issue a summons to a person.

TDS on Retainer Fee To Doctors – Salary or professional fees

November 22, 2022 5883 Views 0 comment Print

CIT TDS Vs Mewar Hospital Pvt Ltd (Rajasthan High Court) Before proceeding with the matter, it will not be out of place to mention that the assessee is running a hospital within State of Rajasthan and they have entered agreement with three different doctors. The question which came up for our consideration is whether benefit […]

GSTIN linking cannot be denied merely for providing information in FORM GST REG-29 instead of FORM GST REG-16

October 24, 2022 1086 Views 0 comment Print

The respondents have submitted a reply wherein, the averments made by the petitioner are controverted on the ground that the application for cancellation of registration was made in FORM GST REG-29 and not in FORM GST REG-16 and thus, the system did not link the GSTIN of Shri Abdul Hameed Bhati (the deceased proprietor of the firm) to the GSTIN of the petitioner herein.

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