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Madhya Pradesh HC

No GST exemption on supply to Duty-Free Shops at International Airports in India

December 17, 2018 2919 Views 0 comment Print

As the supply to a DFS by an Indian supplier is not to ‘a place outside India’, therefore, such supplies do not qualify as ‘export of goods’ under GST. Consequently, such supplies cannot be made without payment of duty by furnishing a bond/letter of undertaking (LUT) under rule 96-A of the CGST Rules, 2017.

18% GST payable on Construction of residential flats for MPPGCL

October 18, 2018 2829 Views 0 comment Print

The activity in question definitely does not have any relation to the principal work of power generation entrusted by the state government to MPPGCL, and therefore the works contract service of construction of residential quarters would attract GST @18% (9% CGST + 9% SGST) in terms of Notification No.11/2017-CT Rate dtd.28.06.2017 and corresponding notification under MPGST Act 2017.

Clarify on refund of GST to duty free shops on goods / Services supplied by Indian supplier: HC

August 23, 2018 906 Views 0 comment Print

A two-judge bench of the Madhya Pradesh High Court has asked the Central Board of Indirect Taxes and Customs (CBIC) to issue a clarification regarding the leviability of the Goods and Services Tax (GST) on the goods supplied through the duty-free shops in the International Airports in India.

State GST Officers can Inspect, Search & Seize Goods under IGST Act

August 23, 2018 2637 Views 0 comment Print

Advantage India Logistics Private Limited Vs Union of India (Madhya Pradesh HC) On due of the provisions of Section 4 of the IGST Act, we are of the view that officers appointed under the MPGST Act are authorized to be proper officers for the purpose of IGST and, therefore, the contention of the petitioner that […]

Sec. 68 addition cannot be made merely for exorbitant premium

August 7, 2018 2088 Views 0 comment Print

Addition under section 68 on account of bogus share capital and exorbitant premium was not justified as where the funds had been received through banking channel  and there was no dispute about the identity, creditworthiness and genuineness of the investors.

GST on Free IPL Tickets: HC dismisses PIL filed on the basis of News Reports

July 27, 2018 888 Views 0 comment Print

Digvijay Singh Bhandari Vs. Shri Nishant Warwade & Others (Madhya Pradesh HC) The entire petition is based on the newspaper published in the local newspaper about distribution of free IPL match passes worth of Rs.60.00 lac to Collector. No other material has been produced in the present petition in support of the allegations. HC held […]

GST: HC directs MP Govt to Remove Check posts

July 12, 2018 909 Views 0 comment Print

The sole contention of the learned Senior Counsel for the petitioner is that after issuance of the notification, all the check posts have to be removed as GST regime has been introduced and, therefore, they cannot restrict or obstruct any of the vehicle from asking them to pay tax on the check posts except the GST.

Penalty for Failure to file Part-B of E-way Bill is valid: HC

July 5, 2018 35121 Views 5 comments Print

M/s Gati Kintetsu Express Pvt. Ltd. Vs Commissioner, Commercial Tax of MP & others (Madhya Pradesh High Court) In the present case, the distance was more than 1200-1300 kilometers and it is mandatory for the petitioner to file the Part-B of the e-way bill giving all the details including the vehicle number before the goods […]

Approach GST IT Grievance Redressal Committee to resolve issues in revising of GST TRAN 1: HC

April 27, 2018 1887 Views 1 comment Print

Hon’ble Court may kindly be pleased to direct the respondents to reopen the portal immediately enabling the Petitioner Company to revises the filed FORM TRAN-1, so that the Electronic Credit Ledger is updated with the revised input credit.

MP HC dismisses Plea against levy of GST on confectionery items

November 20, 2017 855 Views 0 comment Print

Petitioner is challenging imposition of GST on the confectionery items on the ground that it does not come within the purview of taxes at the rate of 18% to 28%, as imposed by the respondents.

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