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Rajasthan High Court

GST: Arrest of CA on allegation of fake firms; Granted conditional bail by Rajasthan HC

May 4, 2021 3405 Views 0 comment Print

In Bhagwan Sahay Gupta Vs. Union of India, O/o Sr. Intelligence Officer, GST Intelligence Directorate, Jaipur Region Unit, Jaipur through an order dated: 04.05.2021, a bail application filed by a chartered accountant is allowed by the Hon’ble High Court of Rajastan, taking note of the fact that he has remained in custody for a long period and that petitioner is also having a child and also considering the contentions put forth by counsel for the petitioner, subject to certain conditions.

Rajasthan HC declines Bail in Alleged Fake ITC case of Rs. 47 crore

April 20, 2021 1002 Views 0 comment Print

Sumit Dutta Vs Union of India (Rajasthan High Court) FULL TEXT OF THE JUDGMENT/ORDER of RAJASTHAN HIGH COURT 1. Petitioner has filed this bail application under Section 439 of Cr.P.C. 2. Complainant No. IV(06)157/AE/JPR/2020 was registered at Central Goods and Service Tax & Central Excise Commisionrate, Jaipur, for offences under Section 132 of CGST Act, 2017. […]

SVLDR Scheme – Case of erroneous refund excluded even if SCN for same culminating in demand order

April 6, 2021 873 Views 0 comment Print

Saraswati Marble and Granite Industries Pvt. Ltd. Vs Union of India (Rajasthan High Court) Sabka Vishwas (LDR) Scheme – Case of erroneous refund excluded even if SCN for same culminating in demand order: Observing that as per Section 125(1)(d) of the Finance (No. 2) Act, 2019, a person who has been served with the notice […]

All stake holders are treading in new GST regime with uncertainties: HC

April 1, 2021 1050 Views 0 comment Print

H.R. Enterprises Vs State Of Rajasthan (Rajasthan High Court at Jodhpur) High Court observed that The assessees and the authorities under CGST/SGST/IGST are giving their own interpretation of the provisions of the Act relating to Goods in Transit. All stake holders are treading in the new GST regime with uncertainties as the path is comparatively […]

Make Rajasthan Real Estate Appellate Tribunal operational by 1.4.2021: HC

March 23, 2021 948 Views 0 comment Print

Nipun Singhvi Son Vs State of Rajasthan (Rajasthan High Court) FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT 1. This writ application has been filed seeking directions to respondent State alleging inaction by the respondent State in constituting and establishing the Rajasthan Real Estate Appellate Tribunal, Jaipur under Section 43 of the Real Estate […]

HC dismisses GST Appeal as matter is at the stage of show cause notice

March 3, 2021 2814 Views 0 comment Print

Genus Power Infrastructure Ltd. Vs Central Goods and Service Tax (Rajasthan High Court) In the present facts and circumstances, the writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly the matter is at the stage of show cause notice and opportunity of filing reply and personal hearing is still available […]

HC Grant Bail to accused in case of alleged wrongful ITC claim under GST

February 19, 2021 1371 Views 0 comment Print

Counsel for the Union of India has vehemently opposed the bad application. It is contended that fake firms were created for claiming input tax credit. From the investigation, it is revealed that the firms were fake. The proprietor and owner of the firms are not traceable. It is further contended that evasion of tax has an effect on the economy of the Nation and Court should not be liberal in granting bail to such offenders.

HC issues notice on rejection of SVLDRS-01 (Coverage of Redemption Fine)

February 19, 2021 561 Views 0 comment Print

M/s Premier Bars Private Limited Vs Union of India (Rajasthan High Court) Learned counsel for the petitioner submitted that the petitioner company applied for settlement of arrears of demand raised in pursuance of order dated 30th March, 2017 and as such, submitted application under the provisions of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. Learned […]

GST on transmission & distribution of electricity – HC Stays Demand

February 5, 2021 4554 Views 0 comment Print

Jodhpur Vidyut Vitran Nigam Ltd Vs Union of India (Rajasthan High Court) Rajasthan High Court relied on Gujarat High Court judgment dated 19.12.2018 in case of Torrent Power Ltd. Vs. Union of India, and restrained GST department from raising any demand and/or taking any coercive measures to recover any tax on the basis of impugned […]

Carry forward & set off of unutilized Cess against GST Output Liability not allowable

February 3, 2021 7854 Views 0 comment Print

Jay Ushin Limited Vs Union of India ( Rajasthan High Court) Assessee was not entitled to carry forward and set off of unutilised Education Cess, Secondary and Higher Education Cess and Krishi Kalyan Cess against the GST Output Liability with reference to Section 140 of the CGST Act, 2017. FULL TEXT OF THE HIGH COURT […]

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