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Madhya Pradesh HC

HC stays section 148 notice issued after 31st March, 2021

August 18, 2021 2160 Views 0 comment Print

Sai Kripa Farms Vs ITO (Madhya Pradesh High Court) In this judgements notice issued u/s 148 have been stayed by the Madhya Pradesh High Court for being issued after 31st March, 2021 as per the omitted provisions. The petitioner has challenged the validity of the Notification No. 20/2021 dated 31.03.2021 and Notification No. 38/2021 dated […]

Reopening of assessment justified on valid section 151 sanctions & prima facie view of Income escapement

June 22, 2021 1935 Views 0 comment Print

Re-opening of the assessment proceeding was conducted on the basis of legally valid sanction accorded by the authority under provisions of Section 151 and the same was justified as it had been initiated on the basis of the material which had given rise to reason to believe as well as escapement of assessment had been quantified by AO.

Provisional attachment order was not a final order & subjected to judicial review

June 18, 2021 3090 Views 0 comment Print

The order of provisional attachment was not a final order and assessee had a remedy to raise all the pleas including that of jurisdiction of attaching authority and discrimination before the Adjudicating Authority and in the event these points were raised by assessee before the adjudicating authority, the authority should pass appropriate order in accordance with law.

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

May 24, 2021 53763 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 2955 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 921 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 4275 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 3051 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 603 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 24978 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 […]

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