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Rajasthan High Court

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

February 17, 2023 1449 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 1440 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 1317 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 […]

Gaming services are not betting/gambling- Issue of SCN is abuse of process of law

January 28, 2023 1602 Views 0 comment Print

Myteam11 Fantasy Sports Private Limited Vs Union of India (Rajasthan High Court) The petitioners have been served with a show cause notice under Section 74(1) of the Central Goods & Services Tax, 2017(for short ‘CGST, 2017’) alleging that the petitioner-Company by misclassifying their supply as service instead of actionable claims which are goods and by […]

GST: Natural justice violation in trial administrative body cannot be cured by observing natural justice at appellate stage

January 27, 2023 2121 Views 0 comment Print

It is well settled that a failure of natural justice in the authority of first instance cannot be cured by sufficiency of natural justice in the appellate body, else the same would encourage the tendency of the authorities to give a short shrift to the proceedings before them.

Availment & passing of fake/ineligible ITC – HC Grants bail to accused

January 23, 2023 2091 Views 0 comment Print

Prosecution case against petitioner is that he created fake firms for availment and passing of fake/ ineligible Input Tax Credit (ITC) to facilitate existing beneficiary firms.

Reassessment only on account of ‘change of opinion’ is liable to be struck down

January 19, 2023 1338 Views 0 comment Print

Rajasthan High Court held that reassessment resorted only on account of ‘Change of opinion’ of AO and without there being any fresh tangible evidence for reopening the assessment proceedings is liable to be struck down.

Lack of supplying supporting documents for ‘reason to believe’ is a flagrant violation of principles of natural justice

January 17, 2023 3879 Views 0 comment Print

Held that, non-supply of documents referred in the ‘reason to believe’ notice along with the notice to the assessee deems the reassessment proceeding and any consequential proceedings illegal and is a flagrant violation of the principles of natural justice.

GST: HC Grants Bail to accused as he already paid amount of alleged tax evasion

January 15, 2023 957 Views 0 comment Print

Vikas Bajoria Vs Union of India (Rajasthan High Court) In present case, the petitioner is in custody since 08.11.2022, investigation as against him is complete, the amount of alleged tax evasion has already been deposited with the revenue by the recipient(s). This Court is in respectful agreement with the law laid down in the cases […]

Inter-state/intra-state transaction dispute: Assessee cannot be compelled to pay GST twice on same services

January 15, 2023 2916 Views 0 comment Print

Issue of inter-state/intra-state transaction is Ilegal issue & petitioner cannot be compelled to pay GST on services rendered by it twice.

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