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Madhya Pradesh HC

Advance Ruling under GST cannot be sought after Receipt of SCN

June 29, 2022 672 Views 0 comment Print

Application is liable to be filed under section 97 for obtaining the advance ruling in advance not during the pendency of any issue before the authority.

Advance ruling cannot be treated as blanket permission to importer of Scrap

June 28, 2022 717 Views 0 comment Print

Dive into the legal battle of Uwas Recyclers LLP vs. Customs Authority. The case revolves around the classification of metal waste, exploring Customs Act sections and the implications.

Alternate remedy for appeal to be exhausted before approaching High Court

June 25, 2022 1110 Views 0 comment Print

HC held that, orders denying refund claim to the assessee for accumulated credit of Compensation Cess, where the reason of claim being time barred is absent but certain other reasons have been assigned that are sufficient to enable the assessee to know the cause for rejection of the claim for refund cannot be categorized to be non-speaking. Further, relegated the matter for avail the alternate remedy of appeal

Direct Appointment of Arbitrator cannot be asked If Agreement Provides For Pre-Arbitration Reference to A Competent Authority

June 18, 2022 1287 Views 0 comment Print

Court held that a party cannot directly seek the appointment of the arbitrator when the agreement provides for pre-arbitration reference to some authority.

HC dismisses appeal filed against GST registration cancellation after 18 Months

June 5, 2022 1338 Views 0 comment Print

Rajdhani Security Force Pvt. Ltd Vs Union of India (Madhya Pradesh High Court) Section 107 (1) of GST Act provides that an appeal can be preferred within a period of three (3) months from the date of the order, while Section 107 (4) of the Act stipulates that the Appellate Authority, if satisfied that the […]

Excess Stock declared to bank is taxable as Unexplained Investment

May 18, 2022 4227 Views 0 comment Print

The entire controversy revolves around the question as to whether the assessee has been able to provide explanation for difference of stock between the stock submitted to the bank as on 28/3/2005 and the stock indicated in the audit report for the period ending 31/03/2005 relating to raw material, stock-in-process and finished goods.

HC ask dept to impose Minor Penalty for Mistake in Address in E-Way Bill

April 24, 2022 3555 Views 0 comment Print

Technosteel Infraprojects Pvt. Vs The State Of Madhya Pradesh (Madhya Pradesh High Court) A tax invoice was generated which reflected the destination as well as the registration number of the vehicle which has been brought on record as Annexure P/3. Thereafter, the petitioner generated E-way bill which is required to be carried along with the […]

MEIS Scheme benefit cannot be given if petitioner not opted for it in Shipping Bill

April 18, 2022 3612 Views 0 comment Print

Adroit Industries (India) Ltd. Vs Union of India (Madhya Pradesh High Court) Facts of the case are not in dispute to the effect that the petitioner during the relevant period i.e. 2015-20 was entitled to avail the benefit of MEIS but could not avail of such benefit as the concerned staff did not declare the […]

Income Disclosed under VDIS cannot Be combined with Regular Income

March 31, 2022 1104 Views 0 comment Print

Section 70 and 71 mandate that the income disclosed in VDIS shall not be included income under section 139 means income which had already been disclosed and that assessment is not liable to be reopened.

HC grants Custody of Undisclosed Looted Property To I-T Dept From Police

March 15, 2022 780 Views 0 comment Print

Jahar Singh Gurjar Vs State of M.P. (Madhya Pradesh High Court) It is the case where petitioner as a complainant is seeking refund of his part of looted amount on interim custody from the trial Court. Total amount, which was recovered allegedly from the possession of the accused, was Rs.53,16000/- whereas the petitioner is seeking […]

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