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Rajasthan High Court

HC dismisses writ petition as petitioner is having alternative statutory remedy of appeal

October 25, 2021 2709 Views 0 comment Print

Ankit Gupta challenges assessment order and recovery notice in Rajasthan HC, citing lack of proper hearing. HC dismisses, citing alternative statutory remedy of appeal.

Benami Act, 1988, would not extend to properties purchased by the company

October 13, 2021 5268 Views 0 comment Print

In present facts of the case the Hon’ble High Court have allowed the writ petition filed by the Company, wherein it was held that so far as the ownership of land is concerned, each company has right to purchase property and the Benami Act, 1988, would not extend to properties purchased by the company.

Wrongful availment of ITC under GST: High Court grants Bail

October 10, 2021 1701 Views 0 comment Print

Shailesh Chandra Vs DGGI Jaipur Zonal Unit (Rajasthan High Court) In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. This Court perused the material available on record. The petitioner has been arrested in connection with Complaint No.DGGI/INV/GST/2371/2021-Gr-B/O/o ADG-DGGI-ZU- Jaipur […]

Rajasthan HC quashes petitions seeking tax relief on the sale of liquor

September 22, 2021 2265 Views 0 comment Print

Babu Khan Vs State of Rajasthan (Rajasthan High Court) In Babu Khan v. State of Rajasthan and Ors. there were a total of 121 Writ Petitions filed by the Liquor Vendors seeking waivers on the annual guarantee fee and tax relief for the second wave time period of COVID-19. In the case, the Petitioners contended […]

HC allows release of good on furnishing of Bank Guarantee & surety bond

September 14, 2021 2607 Views 0 comment Print

Maruti Castings, Proprietor Nand Kumar Sharma Vs Union of India (Rajasthan High Court) Prima facie it cannot be said that in case of a registered person action only under Section 35(6) read with Section 73 or 74 of the Act can be taken and that Section 67 of the Act cannot be invoked, if the […]

HC held seizure of items duly disclosed & substantiated with documents as illegal

September 8, 2021 2007 Views 0 comment Print

Harshvardhan Chhajed & Others V. DGIT & Others (Rajasthan High Court) Seizure under Income Tax has to be conducted after due care and caution. Merely on account of reasons to suspect, seizure of goods ought not to be undertaken. In fact the investigation wing has to show reason to believe that a person is carrying […]

HC stays Assessment order passed without providing personal hearing- Section 144B

September 5, 2021 1695 Views 0 comment Print

Learned counsel submits that the petitioner moved an application in terms of Section 144B 7(vii) seeking an opportunity of personal hearing which has been denied. Learned counsel submits that fair opportunity has not been provided to put up their submissions and defence and the order goes beyond the contents of the show cause notice.

Taxability of “Appy Fizz” to be decided by Rajasthan HC

September 3, 2021 4725 Views 1 comment Print

current petition has been filed against the notices issued by Dy. Commissioner (State Tax) Circle – Anti Evasion & Anr. (Respondent) which treated the beverage ‘Appy Fizz’ as a non-alcoholic beverage under the heading of 2202 99 90 making it liable to 18% Goods and Services Tax (GST).

Bail Application got rejected of CA charged with creating fake firms to avail credit

September 2, 2021 5824 Views 0 comment Print

This bail application filed on behalf of the petitioner deserves to be dismissed; for the reasons, firstly, the petitioner failed to appear before the Department while notices were issued to him, secondly, even after filing of complaint before the learned Trial court, he remained absconded for about one year and thirdly, the petitioner is a chartered accountant, who is master mind of the crime and he has created 38 fake firms and availed ITC wrongfully to the tune of 6,36,32,492/-.

HC quashes Assessment order which was passed by giving only 4 days’ time to respond

August 7, 2021 1614 Views 0 comment Print

It was also argued that the respondent Assessing Officer has also committed an error in giving only four days’ time to the petitioner to respond to the show cause notice.

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