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Rajasthan High Court

Reassessment provisions framed under Finance Act, 2021 cannot be deferred by CBDT notifications: HC

April 3, 2022 1152 Views 0 comment Print

Shweta Kedia Vs ITO (Rajasthan High Court) Issues: Whether after introduction of new provisions for reassessment of income by virtue of the Finance Act, 2021 with effect from 01.04.2021, substituting the then existing provisions, would the substituted provisions survive and could be used for issuing notices for reassessment for the past years and Whether the […]

Form GST ITC-02A not available on Portal: HC allows credit transfer through Form GSTR 3B

April 3, 2022 1782 Views 0 comment Print

The petitioner has raised a pertinent grievance in this writ petition that the Form GST ITC-02A was not available on the GSTN Portal for the entire period of 30 days from the registration of its separate business verticals and even till the date of filing of the instant writ petition

GST Evasion of Rs 869 Crores: HC denies bail to accused

March 31, 2022 3963 Views 0 comment Print

Sohan Singh Rao Vs Union of India (Rajasthan High Court) It is admitted position that the petitioner and Vinaykant Ameta were Director in M/s Miraj Products Private Limited. As per the prosecution story, they had evaded tax of Rs. 869 Crores. GST department had seized one truck which was being unloaded at their premises. The […]

Section 148 Assessment instead of under Section 153A/153C- HC Grants Stay

March 25, 2022 4215 Views 0 comment Print

The pertinent assertion of learned counsel Shri Gargieya is that the assessing authority could not have adopted the procedure provided under Section 148 of the Income Tax Act for reopening the assessment of the petitioner because such action was taken on the basis of facts revealed to the assessing authority during the assessment of DRA Group at Ahmedabad and the proceedings, if any, would have to be conducted under Section 153A read with Section 153C of the Income Tax Act.

Faceless Assessment: Stay Granted by HC as order was passed without hearing the petitioner

March 25, 2022 1365 Views 0 comment Print

Anil Tambi challenges income tax assessment in Rajasthan HC, citing lack of effective hearing. Stay granted on the impugned order. Case ongoing.

S.148 NI Act | Deposit of Minimum 20% of Fine in Appeal is Mandatory

March 15, 2022 61218 Views 0 comment Print

G.k. Construction Company Vs Balaji Makan Samagri Stores (Rajasthan High Court) The core question whether the usage of word ‘may’ in section 148 of Negotiable Instruments Act, 1881 provides a discretion to the Court to impose or not to impose the condition of depositing minimum 20% of the fine amount, is required to be dilated […]

GST Evasion Case: No bar on issue of Section 70 Summons before final assessment

March 14, 2022 3447 Views 0 comment Print

Prakash Chandra Purohit Vs Union of India (Rajasthan High Court, Jodhpur Bench) During the course of arguments, learned counsel for the respondents submit that at present the only purpose of issuing Summons u/s 70 of CGST Act to the petitioners is to record their statements seeking to extract the role of the petitioners in the […]

Youtube not discharges public functions which are akin to Government functions so Not Amenable to Writ Jurisdiction n

March 13, 2022 1170 Views 0 comment Print

Issue an appropriate Writ, Order(s) or Direction(s) of like nature to set aside the action of removal of videos of petitioner on his You Tube channel and subsequent termination of his You Tube channel by respondent No.2 and further direct respondent no.2 to restore the You Tube channel of petitioner which was maintained on You Tube portal with the name and style of “Gurudev Siyag Sidh Yoga Free” and allow him to operate the said channel.

GST: Provisional attachment ceased to be effective after completion of one year

March 9, 2022 2550 Views 0 comment Print

B.r. Consturction Company Vs Additional Director (Rajasthan High Court) The petitioner’s bank account was placed under provisional attachment by an order dated 03.12.2020 in exercise of powers under Section 83 of the Central Goods and Services Tax Act (for short ‘CGST Act’) by the respondents. Learned counsel for the petitioner pointed out that in terms […]

Sale deed registration operate from the time from which it would have commenced to operate if no registration was required or made

March 5, 2022 11106 Views 0 comment Print

Chitranshi Goyal Vs Indian Oil Corporation Ltd. (Rajasthan High Court) The facts of the case are that on 14/12/2018, an advertisement was issued by the respondent-IOCL in daily newspaper “Rajasthan Patrika’ for selection of dealers qua IOCL retail outlet at various locations. The respondent-IOCL also issued a brochure dated 24/11/2018 for selection of dealers for […]

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