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Rajasthan High Court

HC quashes Assessment order which was passed by giving only 4 days’ time to respond

August 7, 2021 1383 Views 0 comment Print

It was also argued that the respondent Assessing Officer has also committed an error in giving only four days’ time to the petitioner to respond to the show cause notice.

HC stays Assessment Order Passed Without Show Cause & Draft Assessment Order

August 4, 2021 1791 Views 0 comment Print

Aravali Shikshan Avum Anusandhan Sansthan Vs National E-Assessment Centre & Others (Rajasthan High Court) Aravali Shikshan Avum Anusandhan Sansthan (“the Petitioner”), has filed the current writ petition against the order passed by the National Faceless Assessment Center under Section 144-B along with Section 143(3) of the Income Tax Act, 1961 (“the IT Act”) imposing Additional […]

Alleged Wrongful availment of ITC: HC Grants Bail to accused

August 4, 2021 1209 Views 0 comment Print

Manoj Vijay Sh. Prahalad Vijay Vs Union of India (Rajasthan High Court, Jaipur Bench) The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in Complaint File No. IV(06) 40/AE/JPR/2021 for offence under Section 132 of the Central Goods And Services Tax Act, 2017 (for brevity, “the Act of […]

HC directs Official Liquidator to pay unsecured creditor with 4% interest

July 20, 2021 1509 Views 0 comment Print

Govt of India Vs Mewar Textiles And Ors (Rajasthan High Court, Jodhpur Bench) The instant application has been filed by the applicant who is an unsecured creditor and seeks claim of settling subsequent claim to be winding up in accordance with law alongwith interest on the belated payment. The Official Liquidator present in the Court […]

HC Allowed refund of IGST paid on ocean freight

July 13, 2021 1824 Views 0 comment Print

To issue appropriate writ/order/direction to the effect declaring Sr. No. 9(ii) of the Notification No. 8/2017-Integrated Tax (Rate) dated 28.06.2017 to be an unconstitutional and ultra-vires to the provisions of the Integrated Goods and Service Tax Act, 2017 to the extend it prescribe rate for levy of Integrated-tax on services by way of transportation of goods by vessel from a place outside India, up to custom station of clearance of India, where service provider i.e. supplier of service and service recipient i.e. recipient of service both are located in non taxable territory i.e. Outside India;

Rajasthan HC struck down GST on Ocean Freight

July 13, 2021 1578 Views 0 comment Print

Mahesh Vegoils Private Limited Vs Union Of India (Rajasthan High Court) Petitioner has filed the petition under Article 226 of the Constitution of India seeking following reliefs:- “a. To issue appropriate writ/order/direction to the effect declaring Sr. No. 9(ii) of the Notification No. 8/2017-Integrated Tax (Rate) dated 28.06.2017 to be an unconstitutional and ultra-vires to the […]

Rajasthan HC struck down GST on Ocean Freight- Followed Mohit Mineral

July 13, 2021 2169 Views 0 comment Print

Lakhpat Trading And Industrys Private Ltd. Vs Union Of India (Rajasthan High Court) Petitioners have filed the petition under Article 226 of the Constitution of India seeking following reliefs:- “(i) Section 9 of the Constitution (One Hundred and First Amendment) Act, 2016 in so far as the same introduced Explanation to Clause 1 of Article […]

Proceedings of cancellation of GST registration cannot be kept hanging fire on any pretext

July 5, 2021 1467 Views 0 comment Print

Avon Udhyog Vs State of Rajasthan (Rajasthan High Court) Without pronouncing upon petitioner’s contention that on passing of a period of 30 days of the reply, the suspension stands annulled or vitiated, this Court hastens to add that provisions of sub-rule (3) of Rule 22 clearly mandates an order to be passed within 30 days […]

Section 16(2)(c) CGST Act 2017 Vires challenged in Rajasthan HC

May 27, 2021 2925 Views 0 comment Print

Rahul Agencies Vs Union Of India (Rajasthan High Court) 1. To issue notices to respondents wherein validity of Section 16(2)(c) read with Rule 86A are challenged. 2. A Division Bench of the  Rajasthan High Court issued Notices to Respondents including Finance ministry on Section16(2)(C) which provides that input tax credit (ITC) must be allowed to […]

HC issues notice to revenue for framing Assessment order on issues which were not confronted to assessee

May 27, 2021 1146 Views 0 comment Print

Devgiri Exports Vs ITO (Rajasthan High Court) FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT Learned counsel relies on judgements passed by the High Court of Delhi, Madras and Bombay to submit that the faceless assessment done under section 144B of Income Tax Act, 1961 has been examined by the High Court without insisting […]

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