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Rajasthan High Court

Bail granted to assessee in default under GST subject to bond securities

November 22, 2019 1770 Views 0 comment Print

Atul Chopra Vs. State of Rajasthan (Rajasthan High Court) The issue under consideration is whether the bail will be granted to the assessee who was arrested for offence committed under GST? The offence as alleged in the FIR is under section 132(1)(a) read with section 132(1)(h), (j) and (k) of the Rajasthan Goods and Services […]

Background Material on Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019

November 14, 2019 1284 Views 0 comment Print

Goods & Services Tax (GST) introduced in India on 1st July, 2017, subsumes seventeen tax legislations including various central legislations. The Hon’ble Union Finance Minister announced a dispute resolution cum amnesty scheme called “the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” in the Union Budget 2019-20 for resolution and settlement of legacy cases of Central […]

 HC Sets Limitation Period For Preferring Appeal from a Decision of Family Court 

November 6, 2019 11517 Views 0 comment Print

We are inclined to follow the view taken by the Bombay High Court, which in any case, was also the view taken by this Court in Smt. Anita Chaudhary (supra). Since this appeal has been filed within 90 days which is prescribed period of limitation under Section 28(4) of the Act of 1955, the same is held to be within limitation.

Consider GST appeal on merits, dismissed as time barred: HC

October 18, 2019 1341 Views 0 comment Print

No doubt, the appeal filed by the petitioner was time barred but in the facts of the case, in our considered view, the appeal of the petitioner ought to be decided on merits rather dismissing the same on the ground of delay.

Rajasthan HC grants Bail to Accused in alleged ITC Fraud Case

October 14, 2019 1542 Views 0 comment Print

Rakesh Kumar Khandelwal Vs Union of India (Rajasthan High Court) Petitioner has placed before the Court various Tax Invoices and e-Way Bills through which purchases have been made by the firm and the record of the Department from which it is revealed that Firms were in existence. As per Rules 25 of the GST Rules, […]

HC rejects Bail application in GST Evasion Case (ITC Fraud)

September 30, 2019 1680 Views 0 comment Print

Himani Munjal Vs Union of India (Rajasthan High Court) Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in Criminal Complaint No. 35/2018 pending before the Court of Chief Metropolitan Magistrate, (Economic Offences) Jaipur Mahanagar, for offences under Sections 132(1)(b),(c)(d),(f),(i) and (1) of Central Goods and Services Tax […]

Subsidy under TUFS scheme was capital receipt and not taxable

September 19, 2019 3711 Views 0 comment Print

In the given case the issue under consideration is that the amount claimed as capital receipts, by the assessee are taxable and have to be treated as income or not?

HC explains doctrine of exhaustion of remedies

September 17, 2019 22842 Views 0 comment Print

M/s. HCL Infosystems Limited Vs State of Rajasthan (Rajasthan High Court) The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one.  In this case Rajasthan High Court explains The […]

HC dismisses petition for refund of late fees of Form GSTR-3B as alternate remedy exist

September 11, 2019 1134 Views 0 comment Print

Petitioner is seeking directions to respondents to refund late fee collected from him while filing Form GSTR-3B in his Cash Ledger in GST Portal so that he can utilise it for discharging his tax liabilities.

Landmark Judgment: Benami Amendment Act, 2016 not applicable from retrospective effect: HC

July 12, 2019 22626 Views 0 comment Print

Court has no hesitation to hold that the Benami Amendment Act, 2016, amending the Principal Benami Act, 1988, enacted w.e.f. 1st November, 2016, i.e. the date determined by the Central Government in its wisdom for its enforcement; cannot have retrospective effect.

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