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Rajasthan High Court

Rajasthan HC directs petitioner to file Application for Revocation of GST Registration cancellation

April 29, 2023 3033 Views 0 comment Print

During the pendency of this writ petition, the competent authority under the Goods and Services Tax Act, 2017 had issued a notification dated 31.03.2023 and as per the said notification, on the conditions being fulfilled, the cancellation of registration effected on the ground of non-filing of GST return, could be revoked.

Reassessment based on conjectures & surmises without any Tangible material is invalid

April 28, 2023 2514 Views 0 comment Print

Authority admits that there has to be some material on record on basis of which, A.O. would form a bonafide belief that income of assessee had escaped assessment

HC grants stay against GST recovery subject to payment of further 10% of disputed tax

April 20, 2023 792 Views 0 comment Print

Illegal demand raised by GST department. Petitioner has a remedy to approach GSTAT, but till date GSTAT not been constituted.

Bail granted to person accused for alleged offences under GST as bail already granted to main accused

February 18, 2023 1119 Views 0 comment Print

Rajasthan High Court granted bail for person accused for alleged offences under GST as main accused has already been released on bail.

Rajasthan HC stays Time barred Re-assessment Proceedings

February 17, 2023 2289 Views 0 comment Print

Rajendra Bana Vs ITO (Rajasthan High Court) Shri Vedant Agarwal, learned counsel representing the petitioner drew the Court’s attention to the order dated 11.10.2022 passed by Division Bench of this Court at Jaipur in D.B. Civil Writ Petition No.14794/2022 and urged that the impugned notice whereby, the re-assessment proceedings have been opened against the petitioner, […]

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

February 17, 2023 1485 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 1455 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 1341 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 1650 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 2220 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.

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