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Madhya Pradesh HC

MP HC Grant Bail to Pakistani National accused of GST evasion

July 27, 2020 4422 Views 1 comment Print

MP High Court Grant Bail to Pakistani National who accused of GST evasion of Rs. 225 Crores alongwith furnishing a personal bond in the sum of Rs. 5,00,000/-

Transitional Credit Issue- Decide on Taxpayer representation: HC

July 15, 2020 669 Views 0 comment Print

Explore Ankit Babeley vs. State of M.P. & Ors. case. Petitioner seeks permission to file Trans-1 for claiming transitional credit. High Court’s directive to respondents regarding pending representation.

HC dismisses plea seeking GST search in presence of advocate of petitioner

July 3, 2020 7242 Views 0 comment Print

Subhash Joshi & another Vs Director General of GST Intelligence (DGGI) & Ors. (Madhya Pradesh High Court) Submission of counsel for petitioner is that the search should be carried out in the presence of the Advocate, but counsel for petitioner has failed to point out any statutory provision or any such legal right in favour […]

Permitting delinquent Employee to Continue at Same Place is not in Public Interest

June 25, 2020 3204 Views 0 comment Print

The issue under consideration is whether person is entitled to continue at the same place where he was posted at the time of passing the suspension order and committing the alleged misconduct?

No Prosecution of Chairman/Director without Impleading Company as Accused – Section 138 NI Act

June 9, 2020 6318 Views 0 comment Print

Bhupendra Suryawanshi Vs Sai Traders (Madhya Pradesh) The proviso to Section 138, however, is all important and stipulates three distinct conditions precedent, which must be satisfied before the dishonour of a cheque can constitute an offence and become punishable. The first condition is that the cheque ought to have been presented to the bank within […]

Refund Excess amount of Stamp Duty paid: MP HC

June 5, 2020 5508 Views 0 comment Print

In the present case, respondent rejected the refund of excess amount of stamp duty paid on the ground that the said provision does not apply to the case of the petitioner/company as ad-valorem duty was paid at 1% and not at 5% of the market value.

HC directs department to conduct CST Assessment after providing Opportunity of Cross-Examination to Dealer

May 11, 2020 639 Views 0 comment Print

The respondents are now directed to conduct reassessment proceedings by granting reasonable opportunity to the petitioner of cross-examination in respect of the documents pertaining to the Krishi Upaj Mandi Samiti, Guna (M.P.).

Bail given in GST defaults case on complying with conditions

April 21, 2020 579 Views 0 comment Print

Lalit Kumar Gandhi Vs State of M.P. (Madhya Pradesh High Court) This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial. The allegation against the applicant is that he had received a sum of about Rs.6,52,00,000/- from the applicant for supply of pesticides and insecticides and as […]

Employer can’t camouflage basic wages as part of allowance to avoid EPF deduction & contribution

March 18, 2020 1701 Views 0 comment Print

Carewell Security Services Private Limited Vs Employees Provident Fund Organization (Madhya Pradesh High Court) Conclusion: Employer could not camouflage basic wage as part of allowance so as to avoid deduction and contribution under the EPF Act. Held: Assessee was company incorporated under the provisions of the Companies Act and was engaged in the business of […]

If Goods Component in Photography Service can be separated then No Service Tax levied on Goods Component

March 13, 2020 2484 Views 0 comment Print

Agrawal Colour Advance Photo System Vs Commissioner of Central Excise and Another (Madhya Pradesh High Court at Jabalpur) The issue under consideration is whether while providing photography service whether the use of the paper upon which an image is printed using certain consumables and chemicals, being incidental to the provision of service, amount to sale […]

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