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Rajasthan High Court

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

March 3, 2021 2847 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 1383 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 597 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 4617 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 7926 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 […]

Smuggling of gold with intent to threaten or likely to threaten economic security of country is Terrorist act

February 1, 2021 996 Views 0 comment Print

Mohammed Aslam Son of Abdul Rashid Vs Union of India (Rajasthan High Court) Under Section 15(I)(a)(iiia) of the Act of 1967, the smuggling of gold with intent to threaten or likely to threaten the economic security of the country is very much covered under the smuggling of “any other material” Thus, the contention of the […]

HC Cancels Bail of Person allegedly involve in spurious & counterfeit drugs racket

January 29, 2021 2844 Views 0 comment Print

Torrent Pharmaceuticals Limited Vs State of Rajasthan  & Vinay Mangal (Rajasthan High Court) The Court below was swayed by the fact that the purchases were made by bills and the payment was made in the account of the seller. The Court below failed to consider the provisions of Section 19 of the Act of 1940 […]

Sending obscene messages on a digital platform to a lady posted in other State falls under POSH

January 11, 2021 1458 Views 0 comment Print

Sanjeev Mishra Vs Disciplinary Authority (Rajasthan High Court) In the present digital world, work place for employees working in the Bank and who have earlier worked in the same Branch and later on shifted to different branches which may be situated in different States has to be treated completely as one work place on a […]

HC allows petitioner to apply to GST Council to get Transitional credit benefit

December 14, 2020 702 Views 0 comment Print

Sunil Kumar & Company Sri Ganganagar Vs Union Of India (Rajastan High Court) High Court grant liberty to the petitioner to make an application before GST Council through Standing Counsel, who is further requested to hand over the same to the jurisdictional officer for forwarding the same to the GST Council to issue requisite certificate […]

GST Evasion case accused gets bail after 2 Years

December 4, 2020 1482 Views 1 comment Print

Aditya Gupta Vs. Union of India (Rajasthan High Court, Jaipur Bench) Learned counsel for the respondent has opposed the petition and has submitted that allegations levelled against the petitioner were serious in nature. After thorough investigation of the case it transpired that accused had committed fraud to the tune of Rs. 22 Crores by creating […]

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