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Rajasthan High Court

Service tax paid on re-insurance allowable as input service under CENVAT Credit Rules

January 30, 2022 1710 Views 0 comment Print

High Court has held that the service tax paid on re-insurance would be allowable as input service under the CENVAT Credit Rules, 2004.

Rajasthan HC quashes Section 148 Notice issued after 31.03.2021 in 472 Cases

January 28, 2022 13308 Views 0 comment Print

Sudesh Taneja Vs ITO (Rajasthan High Court) In the writ petitions the petitioners have challenged respective notices issued by the Assessing Officers under Section 148 of the Income Tax Act, 1961 (‘the Act’ for short) for reopening assessments for various assessment years. All these notices have been issued after 01.04.2021 and pertain to relevant period […]

Rajasthan HC Upheld the provisions w.r.t claiming of refund of unutilized ITC

January 28, 2022 3981 Views 1 comment Print

Rajasthan High Court upheld the provisions w.r.t claiming of refund of unutilized Input Tax Credit (ITC) and asked the department to pass final order after taking into account the reply of the assessee.

HC should Exercise jurisdiction under Article 226 on sound judicial principles

January 27, 2022 4767 Views 0 comment Print

LNJ Power Ventures Ltd. Vs Rajasthan Electricity Regulatory Commission (Rajasthan High Court) a) Exercise of jurisdiction of the High Courts under Article 226 of the Constitution of India is no doubt discretionary, but the discretion must be exercised on sound judicial principles. (b) High Courts while exercising its jurisdiction under Article 226 of the Constitution […]

Rajasthan HC disposes Plea seeking extension of due dates till portal Glitches removed

January 20, 2022 2490 Views 0 comment Print

Tax Bar Association Vs Union of India (Rajasthan High Court, Jodhpur) This public interest petition has been filed by the Tax Bar Association of Jodhpur pointing out various difficulties faced by the assessees on account of the official portal of the income tax department having various glitches. The first and the primary prayer made by […]

Section 263 jurisdiction cannot be exercised in twin conditions not satisfied

January 17, 2022 2283 Views 0 comment Print

CIT Vs Manna Trust (Rajasthan High Court) The respondent Trust is a registered charitable trust. The assessing officer for the assessment year 2016-17 accepted the return filed by the trust and granted exemption as applicable under law. The Commissioner, Income-Tax took the said order in revision under Section 263 of the Act and held that […]

Article 21A assures free child education, however, State can determine the medium of education

January 10, 2022 3012 Views 0 comment Print

This Court is of the considered opinion that changing mode of instruction to English or imparting education in English per-se is not violative of fundamental rights guaranteed to the children or to their parents under Article 21A of the Constitution of India. Because Article 21A only assures right of a child below 14 years to have access to free and compulsory education, whereas the manner has been left at the discretion of the State to be determined by law.

Custom duty dues cannot be recovered indirectly by blocking Export Incentives

December 29, 2021 837 Views 0 comment Print

M. k. Exim (India) Limited Vs Union of India (Rajasthan High Court) We have also perused the guidelines issued by the Directorate General of Foreign Trade under circular dated 31.12.2003 for maintaining the denied entities list. It records that most common instance of action leading to refusal of licenses occurs when firms default in export […]

Blocking of ITC under Rule 86A- HC disposes petition as dept unblocked the same

December 26, 2021 1494 Views 0 comment Print

Restriction imposed under Rule 86A of the Central Goods and Services Tax Rules, 2017 should be lifted after the expiry of one year from the date of imposition of such restriction.

Rajasthan HC quashed Section 148 notice issued on or after 01.04.2021 in 237 cases

December 4, 2021 11748 Views 0 comment Print

Bpip Infra Private Limited Vs ITO (Rajasthan High Court) In these cases petitioners are aggrieved of issuance of the re-assessment notice u/s.148 of the Income Tax Act, 1961, which according to the petitioners are barred by limitation and that the Department before issuing the notice under Section 148 of the Act has not followed the […]

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