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Madhya Pradesh HC

GST search, seizure- HC dismisses writ – validity of panchnama under consideration – efficacious remedy

January 30, 2023 2427 Views 0 comment Print

Ashoo Road Lines Vs Union of India (Madhya Pradesh HC) HC held that Since a show cause notice dated 04.12.2020 has been issued to the petitioner and others in which the validity of the panchnama is under consideration, hence the petitioner is having efficacious remedy to contest the show cause notice before the adjudicating authority. […]

GST: HC lambasts AO for passing order without application of mind & opportunity of hearing

January 23, 2023 3900 Views 0 comment Print

HC lambasts AO for passing order which shows total non application of mind and not granting opportunity of hearing to petitioner in violation of section 75(4) of CGST Act.

When statutory appeal is provided, then said remedy has to be availed

January 19, 2023 1017 Views 0 comment Print

In Ansal Housing it is held that when there statutory appeal is provided, then the said remedy has to be availed.

HC dismisses Plea Challenging Levy and collection of cess under GST

January 2, 2023 1575 Views 0 comment Print

Ranvir Kumar Karan Vs Union of India (Madhya Pradesh High Court) In view of the Apex court judgment in Civil Appeal No.10177 of 2018 in the case of Union of India vs. Hind Energy and Coal Benefication (India Ltd.) HC dismisses plea challenging Levy and collection of cess under Section 8 of the Goods and […]

GST Refund Claim Rejection: HC allows Vodafone to file fresh application

December 24, 2022 1851 Views 0 comment Print

Vodafone Mobile Services Limited Vs Union of India (Madhya Pradesh High court) The petitioner makes a fresh application for refund of excess tax paid by the present petitioner, the same shall be dealt with in accordance with law afresh. The Department rejected the refund claim of the petitioner on the ground that petitioner had failed […]

Delay in filing of appeal not justified as notice and order duly communicated

December 6, 2022 2376 Views 0 comment Print

Madhya Pradesh High Court held that show cause notice and order of cancellation of registration duly communicated to the registered person. Hence, filing of belated appeal under section 107 of the GST Act is not condonable.

Writ petition not entertained as alternate remedy available to petitioner

December 1, 2022 1659 Views 0 comment Print

Madhya Pradesh High Court rejected the writ petition held that the petitioner is having a remedy to challenge the order/notice by way of filing an appeal and the ground raised by him with respect to jurisdiction of the authorities can always be considered by the authorities.

MPVAT: VAT Leviable for Trial Period of production too when Sale taken place during the same period

November 24, 2022 993 Views 0 comment Print

Prism Cement-Unit II Vs Commissioner of Commercial Tax (Madhya Pradesh High Court) A bare reading of the expression “Business” u/S.2(d) of M.P. VAT Act, 2002 reveals that tax is leviable inter alia on the event of manufacturer whether or not such event is carried on with motive to make gain or profit and whether or […]

HC directs BDA to reconsider question of levy of GST on sale of developed plots

November 23, 2022 1650 Views 0 comment Print

Petition is disposed of with direction to Bhopal Development Authority to reconsider question of levy of GST on sale of developed plots to petitioners

Penalty u/s 271(1)(c) leviable only if there is deliberate intention to conceal income

November 10, 2022 1266 Views 0 comment Print

Madhya Pradesh High Court held that penalty u/s 271(1)(c) of the Income Tax Act not leviable in absence of deliberate intention to either conceal income or to furnish inaccurate particulars

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