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Rajasthan High Court

Classification & taxation of LAN connection cables (CAT-5 & CAT-6) under Rajasthan VAT

May 30, 2023 1041 Views 0 comment Print

Whether the LAN Connection Cable (CAT-5, CAT-6) is taxable under S. No. 3 or 24 of Part A of Entry No. 65 of Schedule-IV or at General Rate as per Schedule-V appended to the Rajasthan Value Added Tax Act, 2003

Administrative instructions cannot bar claim of GST refund if legal requirements contained in law are fulfilled

May 12, 2023 1212 Views 0 comment Print

Impugned order rejecting claim of refund and depriving the petitioner of the refund to which it may be entitled, without any authority of law, cannot be allowed to be sustained. Administrative instructions cannot bar claim of refund if the legal requirements as contained in the law are fulfilled.

Assessee can claim ITC for the period from cancellation of GST registration to restoration

May 10, 2023 5175 Views 0 comment Print

Assessee entitled to claim Input Tax Credit in respect of period from cancellation of GST registration till registration is restored.

Mistake of Department in generating e-way bill – HC grants stay till next date of hearing

May 6, 2023 1149 Views 0 comment Print

Vectus Industries Limited Vs Chif Commissioner (Rajasthan High Court) Heard Mr. Pankaj Ghiya, learned counsel appearing for the petitioner, Mr. M.S. Singhvi, learned Advocate General for the State Authorities and Mr. R.D. Rastogi, Additional Solicitor General appearing for Union of India upon whom the copy of the writ petition was served on the direction of […]

GSTAT not functional: Rajasthan HC grants stay on GST demand subject to payment of 20% tax

May 6, 2023 3051 Views 0 comment Print

The submission of learned counsel for the petitioner is that while filing the appeal, the petitioner had already deposited 10% of the disputed tax amount and that in view of Section 112 of the RGST Act, if he deposits further 10% of the disputed tax amount while filing the appeal before the appellate authority i.e. the tribunal, the depositing of remaining amount shall stand automatically stayed.

Rajasthan HC directs petitioner to file Application for Revocation of GST Registration cancellation

April 29, 2023 2337 Views 0 comment Print

During the pendency of this writ petition, the competent authority under the Goods and Services Tax Act, 2017 had issued a notification dated 31.03.2023 and as per the said notification, on the conditions being fulfilled, the cancellation of registration effected on the ground of non-filing of GST return, could be revoked.

Reassessment based on conjectures & surmises without any Tangible material is invalid

April 28, 2023 1425 Views 0 comment Print

Authority admits that there has to be some material on record on basis of which, A.O. would form a bonafide belief that income of assessee had escaped assessment

HC grants stay against GST recovery subject to payment of further 10% of disputed tax

April 20, 2023 519 Views 0 comment Print

Illegal demand raised by GST department. Petitioner has a remedy to approach GSTAT, but till date GSTAT not been constituted.

Bail granted to person accused for alleged offences under GST as bail already granted to main accused

February 18, 2023 933 Views 0 comment Print

Rajasthan High Court granted bail for person accused for alleged offences under GST as main accused has already been released on bail.

Rajasthan HC stays Time barred Re-assessment Proceedings

February 17, 2023 2058 Views 0 comment Print

Rajendra Bana Vs ITO (Rajasthan High Court) Shri Vedant Agarwal, learned counsel representing the petitioner drew the Court’s attention to the order dated 11.10.2022 passed by Division Bench of this Court at Jaipur in D.B. Civil Writ Petition No.14794/2022 and urged that the impugned notice whereby, the re-assessment proceedings have been opened against the petitioner, […]

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