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Rajasthan High Court

Blocking of ITC under Rule 86A- HC disposes petition as dept unblocked the same

December 26, 2021 1692 Views 0 comment Print

Restriction imposed under Rule 86A of the Central Goods and Services Tax Rules, 2017 should be lifted after the expiry of one year from the date of imposition of such restriction.

Rajasthan HC quashed Section 148 notice issued on or after 01.04.2021 in 237 cases

December 4, 2021 12012 Views 0 comment Print

Bpip Infra Private Limited Vs ITO (Rajasthan High Court) In these cases petitioners are aggrieved of issuance of the re-assessment notice u/s.148 of the Income Tax Act, 1961, which according to the petitioners are barred by limitation and that the Department before issuing the notice under Section 148 of the Act has not followed the […]

Section 292BB of Income Tax Act cannot be given a retrospective effect

December 3, 2021 1635 Views 0 comment Print

PCIT Vs Mahla Real Estate Pvt. Ltd. (Rajasthan High Court) We do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income Tax Act, mere defect in service of notice had to […]

HC directs GST dept to reconsider registration of petitioner as composite dealer instead of regular dealer

December 1, 2021 1722 Views 0 comment Print

Counsel for the petitioner further pointed out that instead of giving composite registration, they have given registration to petitioner as regular dealer vide order dated 09.06.2018 and now even the regular registration is being cancelled vide order dated 30.09.2021

GST registration proceedings cannot be kept pending for failure of assessee fails to reply within given time

November 28, 2021 3909 Views 0 comment Print

Avon Udhyog Vs State of Rajasthan (Rajasthan High Court) Suspension of a registration of an assessee has its own consequences – it brings the entire business of an assessee to a stand still. In a way it is worse than cancellation. Against cancellation, an assessee can take legal remedies but against suspension pending an enquiry, […]

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

October 25, 2021 2730 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 5325 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 1725 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 2283 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 2637 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 […]

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