Madhya Pradesh HC

HC quashes petition against rejection of duplicate SLVDR application

Sai Sun Outsourcing Services Private Ltd. Vs Union of India & another (Madhya Pradesh HC, Jabalpur)

Sai Sun Outsourcing Services Private Ltd. Vs Union of India & another (Madhya Pradesh HC) Petitioner filed two applications, on 28.12.2019 and 14.01.2020 to avail the benefit of SVLDRS Scheme which was processed on the basis of correctness of “Tax Dues” declared in the application with reference to the amount of duty quantified in...

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MP HC allows anticipatory bail in GST evasion case

Nitesh Wadhwani Vs State of M.P. (Madhya Pradesh High Court)

Nitesh Wadhwani Vs State of M.P. (Madhya Pradesh High Court) The learned Senior Counsel for the petitioner began with the arguments that the only fault of the petitioner is that he is the landlord of the premises where his tenant, who runs a factory, allegedly evaded the tax by clandestine sale of Pan Masala. The […]...

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Section 142(1) obliges SCN under GST to be uploaded on website: HC

Ram Prasad Sharma Vs. Chief Commissioner and another (Madhya Pradesh High Court)

Ram Prasad Sharma Vs. Chief Commissioner and another (Madhya Pradesh High Court) petitioner has drawn the attention of this Court to the provision of Rule 142(1) of CGST Act to contend that the said provision statutarily obliges the revenue department to communicate show-cause notice/order by uploading the same on the website of revenue s...

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Show Cause Notices to Taxpayers Under GST Act Mandatory to Upload on Website – Mere E-Mail is not Suffice

Akash Garg Vs State of M.P. (Madhya Pradesh High Court)

Akash Garg Vs State of M.P. (Madhya Pradesh High Court) Show Cause Notices (SCN) to Taxpayers Under GST Act Mandatory to Upload on Website – Mere E-Mail is not Suffice 1. The Honourable Madhya Pradesh Court in case of Akash Garg Vs State of M.P, vide order dated 19.11.2020 held that statutory procedure prescribed for […]...

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GST order passed is bad in law if mandatory procedures not followed

Shri Shyam Baba Edible Oils Vs Chief Commissioner and another (Madhya Pradesh High Court)

Shri Shyam Baba Edible Oils Vs Chief Commissioner and another (Madhya Pradesh High Court) In the case of Shri Shyam Baba Edible Oils Vs Chief Commissioner and another it was held by Madhya Pradesh High Court that If mandatory procedures as per rule not followed the orders passed are bad in law under GST. It […]...

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HC directs Petitioner to submit Representation to commissioner with All Judgments Cited for Filing GST TRAN-1

Gurukrupa Lubricants Vs Union of India (Madhya Pradesh High Court)

The instant petition is regarding seeking permission for revision of Form GST TRAN - 1 in conformity with the returns filed under the existing laws that stand repealed by the Central Goods and Service Tax Act 2017 ("CGST")...

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Copy of GST documents seized can be denied to Assessee if it may adversely affect investigation

Agarwal Oil Mill Vs State of Madhya Pradesh (Madhya Pradesh High Court)

The discretion available to the competent authority u/S 67(5) of the CGST Act while withholding supply of copies/extracts of documents seized appears to be judiciously exercised by the competent authority for reasons which prima facie appear to be cogent and convincing....

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Entry Tax: After Granting Exemption same can’t be rejected for Technicalities

SRF Ltd. Vs State of Madhya Pradesh And Others (Madhya Pradesh High Court)

The issue under consideration is whether the petitioner is eligible for exemption from payment of entry tax based on certificates granted under Madhya Pradesh Udyog Nivesh Samvardhan Sahayta Yojna?...

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HC upheld validity of Seizure of cash by GST Authorities

Kanishka Matta Vs Union of India (Madhya Pradesh High Court)

Kanishka Matta Vs Union of India (Madhya Pradesh High Court) The petitioner’s contention is that the word “money” is not included in Section 67(2) of the CGST Act, 2017 and therefore, once the “money” is not included under Section 67(2) of the CGST Act, 2017 the Investigating Agency / Department is not competent to seize [&h...

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PIL cannot be filed for non-completion of GST crime investigation within time

Nitin Singh Bhati Vs. Union of India (Madhya Pradesh High Court, Indore Bench)

Nitin Singh Bhati Vs. Union of India (Madhya Pradesh High Court, Indore Bench) The petitioner before this court a practicing advocate has filed this present petition by way of Public Interest Litigation. The contention of the petitioner is that a criminal case was registered against certain persons in the township of Indore i.e. Crime No....

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