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Madhya Pradesh HC

M.P. High Court Raps CBDT for extension of due dates

May 24, 2021 53580 Views 5 comments Print

Palak Agarwal Vs. CBDT & Anr. (Madhya Pradesh High Court) FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT It is well know that Representations by the taxpayers and tax professionals association doesn’t make any difference to CBDT and CBIC and they act only when they receive Instruction from our Courts. 1. A Division Bench of […]

GST registration cancellation for issue of invoice without supply of goods is valid

April 7, 2021 2892 Views 0 comment Print

Om Trading Company Vs Deputy Commissioner of State Tax and others (Madhya Pradesh High Court) Learned Single Judge came to the conclusion that a detailed enquiry was conducted by the Commercial Department Range Agra and that the fact regarding issuance of invoices/e-way bills without any transportation of physical goods came into picture, therefore, verification in […]

HC denies bail to persons accused of Customs Duty evasion

February 8, 2021 888 Views 0 comment Print

Hitesh Nagwani Vs Directorate of Revenue Intelligence (DRI) (Madhya Pradesh High Court) From the record, it appears that the allegations of evasion of huge amount of customs duty have been levelled against the applicants, as according to the re­spondent, actual value of goods imported by undervalua­tion on the basis of using fabricated invoices is Rs.11,93,03,316/- […]

HC issued directions to Police for Complaints / FIRs filed on Economic Offences must be disposed of properly

December 24, 2020 4134 Views 0 comment Print

Respective officer was directed to dispose of complaints/FIRs filed in respect of economic offences and take appropriate action within a period of 15 days from the date of receipt of certified copy of the order passed today. 

GST: HC allows Advocate to be with Petitioners during interrogation

December 15, 2020 2949 Views 0 comment Print

A. Y. Trading Company Vs Director General of GST Intelligence (Madhya Pradesh High Court- Indore Bench) This Court, in light of the order passed by Hon’ble Supreme Court from time to time, as in similar circumstances the apex Court directed that the advocate of the petitioner should be allowed to be present during the interrogation […]

HC quashes petition against rejection of duplicate SLVDR application

December 10, 2020 516 Views 0 comment Print

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 the […]

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

November 19, 2020 24654 Views 0 comment Print

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 so that […]

If Procedure for delivery of SCN not followed it Tantamount to Violation of Principles of Natural Justice

November 19, 2020 2028 Views 0 comment Print

Ram Prasad Sharma Vs. Chief Commissioner And Another (Madhya Pradesh High Court) Rule 142 of CGST Act reveals that the only mode prescribed for communicating the show-cause notice/order is by way of uploading the same on website of the revenue. The State in its reply has provided no material to show that show-cause notice/order No.10 […]

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

November 19, 2020 7998 Views 0 comment Print

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 […]

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

November 19, 2020 34173 Views 5 comments Print

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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