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Rajasthan High Court

HC set aside GST Order passed without considering objections of assessee

July 4, 2018 1713 Views 0 comment Print

Sakeel Father /o Shri Wali Mohammad Vs State Tax Officer (Rajasthan High Court) FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT 1. It is stated by learned counsel for the petitioner that show cause notice was issued to the petitioner in terms of Section 129 of the Rajasthan Goods and Service Tax, 2017. However, […]

Registration U/s. 12AA can’t be denied merely because Few Objects of Society are meant for benefit of Members

May 19, 2018 888 Views 0 comment Print

In this Income-tax Appeal filed under Section 260-A of the Income Tax Act, 1961, the appellant Income Tax Department, has challenged the order dated 24.05.2017 passed by Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur in ITA No.336/Jodh/2016.

Mere wrong claim of depreciation would not invite penalty U/s. 271(1)(c)

May 16, 2018 2778 Views 0 comment Print

A mere making of a wrong, though bona fide claim of depreciation, which is not sustainable in law, by itself will not amount to furnishing inaccurate particulars of income and therefore, such wrong claim will not automatically invite penalty under section 271(1)(c).

Section 54 not defines quantum of construction to be eligible for Exemption

May 11, 2018 9000 Views 0 comment Print

Section 54 no where defines the quantum of construction on the land so as to be eligible to be defined as a residential unit. The only condition is that there should be a residential house capable of being used as a residence by any person.

Rajasthan HC explains Rule 18 (Input Tax Credit) of Rajasthan VAT

April 11, 2018 13794 Views 0 comment Print

R.S. Infra-Transmission Ltd Vs State of Rajasthan (Rajasthan High Court) The contention of Mr. R.B. Mathur is that Rule 18 will take care of the situation. However, while considering the matter, we have to look into the matter whether the benefit envisaged under the Rajasthan VAT Act especially under sub-Section (1) shall be allowed only […]

CESTAT is not proper Appellate Forum for Dispute of Rebate Claim

April 4, 2018 1863 Views 0 comment Print

That the present writ petition may kindly be allowed and the impugned order dated 1010.2017 (Annex.13) passed by the Respondent No.4, impugned Order-in-Original dated 31.3.2005 (Annex.9) and impugned order – in – Appeal dated. 12.8.2015 (Annex.10) may kindly be quashed and set aside

PIL challenging vires of AAR & AAAR under GST filed before Rajasthan High Court

April 4, 2018 12954 Views 0 comment Print

PIL filed before Rajasthan High court challenging GST Act provision of constitution of Authority for Advance Ruling and Appellate Authority for Advance Ruling admitted

A legal issue can be raised in appeal at any point of time

March 20, 2018 7506 Views 0 comment Print

Ravindra Arora Vs ACIT (Rajasthan High Court) Tribunal refused to decide the fresh issue with regard to deemed dividend simply because it was raised at the appellate stage was not justified as legal issue can be raised in appeal at any point of time. Hence, order passed by the Tribunal was quashed and set aside […]

Exemption Can’t be denied for Mere Technical Mistake: Rajasthan High court

March 13, 2018 1707 Views 0 comment Print

In our considered opinion, the production is the same, manufacturing and the process is the same and excise duty is liable on the manufacturing, merely because in the certificate there is no mention of MS Special, the taxing statute will not be different. In view thereof, the view taken by the Tribunal is just and proper and no interference is required.

No Exemption U/s. 10(37) if no agricultural activity during last two years prior to date of acquisition of agricultural land

March 9, 2018 11583 Views 0 comment Print

Ajesh Kumar Agrawal Vs. CIT (Rajasthan High Court) What is to be considered is that for being granted benefit under sub-section (37) of section 10 of the Act, the land in question should have been put to agricultural use by the assessee for the preceding two years. Even if we accept the contention of the […]

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