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Madhya Pradesh HC

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

November 19, 2020 24981 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 2118 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 8655 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 34668 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 […]

Entry Tax: After Granting Exemption same can’t be rejected for Technicalities

October 16, 2020 1992 Views 0 comment Print

The issue under consideration is whether the petitioner is eligible for exemption from payment of entry tax based on certificates granted under Madhya Pradesh Udyog Nivesh Samvardhan Sahayta Yojna?

PIL cannot be filed for non-completion of GST crime investigation within time

September 23, 2020 867 Views 0 comment Print

Nitin Singh Bhati Vs. Union of India (Madhya Pradesh High Court, Indore Bench) The petitioner before this court a practicing advocate has filed this present petition by way of Public Interest Litigation. The contention of the petitioner is that a criminal case was registered against certain persons in the township of Indore i.e. Crime No. […]

Copy of GST documents seized can be denied to Assessee if it may adversely affect investigation

September 15, 2020 1953 Views 0 comment Print

The discretion available to the competent authority u/S 67(5) of the CGST Act while withholding supply of copies/extracts of documents seized appears to be judiciously exercised by the competent authority for reasons which prima facie appear to be cogent and convincing.

HC directs Petitioner to submit Representation to commissioner with All Judgments Cited for Filing GST TRAN-1

August 27, 2020 666 Views 0 comment Print

The instant petition is regarding seeking permission for revision of Form GST TRAN – 1 in conformity with the returns filed under the existing laws that stand repealed by the Central Goods and Service Tax Act 2017 (“CGST”)

HC upheld validity of Seizure of cash by GST Authorities

August 26, 2020 3036 Views 0 comment Print

Kanishka Matta Vs Union of India (Madhya Pradesh High Court) The petitioner’s contention is that the word “money” is not included in Section 67(2) of the CGST Act, 2017 and therefore, once the “money” is not included under Section 67(2) of the CGST Act, 2017 the Investigating Agency / Department is not competent to seize […]

Cash can be Seized in GST Search Since Its Included in Definition of ‘Things’

August 26, 2020 4455 Views 0 comment Print

The issue under consideration is whether seizure of the cash amount to the tune of Rs 66 lakhs by Senior Intelligence Officer at the time of Search Operation is justified in law?

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