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Rajasthan High Court

CESTAT allows refund of excise duty Paid as EOU before conversion to DTA unit

August 26, 2022 639 Views 0 comment Print

Ercon Composites Vs Union of India (Rajasthan High Court) Shorn of legal technicalities what emerges is that the petitioner as a 100% EOU would have made purchases of raw material and inputs from the local market without payment of excise duty as well as not born duty on final product manufactured by it on a […]

Refund cannot be denied on hyper-technical objection of not been filed before competent authority

August 26, 2022 1173 Views 0 comment Print

The petitioner was unquestionably prosecuting his refund claim in a bonafide manner which ought not to have thrown away on hyper-technical objection of not having been filed before the competent authority and/or not having been filed in the prescribed format and finally as being delayed.

Sale of medicine in hospital services was not taxable separately if it was part of composite healthcare service

August 25, 2022 4044 Views 0 comment Print

In case of rendering of health care/medical services and not supply of goods, the value recovered by the hospitals towards the cost of medicines, implants, stents, lenses and various other charges towards room rent, supply of food could not be classifiable as sale or supply of goods but the transaction would  be of service on account of Predominant Test/ Aspect Doctrine.

GST: Rajasthan HC granted interim protection against arrest

August 6, 2022 978 Views 0 comment Print

HC has issued interim protection against arrest and directed the Petitioner to appear before the concerned authority in response to the summon received under Section 70 of the Central Goods and Services Tax Act, 2017

Rajasthan High Court Stays recovery of GST on Royalty

August 6, 2022 3018 Views 0 comment Print

Thekedar Vishnu Kumar Vs Union of India (Rajasthan High Court) Stay on the recovery of GST on Royalty- HC directed that the proposed recovery of GST on royalty  shall remain stayed qua the petitioners. However, the respondents shall be at liberty to continue with the proceedings which have been initiated under the impugned notices. FULL […]

Stamp duty payable on market value of properties being situated in the State

August 5, 2022 2091 Views 0 comment Print

Held that as per the scheme of arrangement and amalgamation, the assets situated in the state of Rajasthan and required to be assessed by the statutory scheme of the Stamp Act of 1998.

Section 148A notice not sustainable if alleged income chargeable to tax is less than Rs. 50 Lakh

July 25, 2022 2067 Views 0 comment Print

Urmila Vs Income Tax Officer (Rajasthan High Court) the very substantial point which has been raised by the petitioners that one single cash deposit of Rs.34,01,000/- has been taken as two different transactions, which according to the petitioners is factually incorrect and not borne out from any of the record including transactions made as entered […]

VAT at higher Rate cannot be levied if no star categorisation by Ministry of Tourism: Rajasthan HC

July 24, 2022 1758 Views 0 comment Print

Rajasthan HC turned down Levy of VAT at higher rate by department on Food served in Restaurants (which obtained liquor licence as per 3 Star or above category hotels)

HC explains Provisions of Section 148A of Income Tax Act, 1961

July 20, 2022 10770 Views 0 comment Print

Abdul Majeed Vs ITO (Rajasthan High Court) High Court held that while passing an order under Section 148A of the Act, the authority is required to reach satisfaction to not only that income chargeable to tax has escaped assessment, but in case where three years have elapsed from the end of the relevant assessment year, […]

GST on Mining Royalty: Rajasthan HC Grants Interim Protection

July 12, 2022 4326 Views 0 comment Print

Shree Basant Bhandar Int Udyog Vs Union of India (Rajasthan High Court) This bunch of writ petitions primarily involves the issue of permissibility of raising demand of GST on royalty. The petitioners in these petitions have challenged the notifications whereby, royalty paid by them on mining activity is being subjected to GST and/or notices issued […]

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