The Madhya Pradesh High Court denies anticipatory bail to Mohit Jain, the proprietor implicated in a large-scale GST fraud scandal involving the formation of 25 bogus firms. The court notes the severity of the economic offense and its grave implications on the national economy.
In a significant judgement by the Madhya Pradesh High Court, the rights of taxpayers to claim input tax credit under the GST system were reinforced. In the case of Agrawal And Brothers vs Union Of India, the court ruled that the taxpayer should not suffer due to a supplier’s error in GST reporting.
In Kia Motors India Pvt. Ltd. vs State of Madhya Pradesh, the Madhya Pradesh High Court dismissed the writ, affirming GST on inter-state transport of demo vehicles between distinct persons, emphasizing compliance with CGST Act and Rules.
Madhya Pradesh HC Court clarified that Section 74 of GST Act requires Revenue to ensure that a Show Cause Notice must contain adequate information to enable assessee to respond in Balaji Electricals Vs Appellate Authority & Joint Commissioner State Tax.
The court deemed the show cause notice invalid as it failed to include essential details such as the date, time, and venue of the personal hearing
HC held that alternative remedy will not operate as an absolute bar for entertaining the writ petition as jurisdictional issue goes to the root of the matter. Therefore, we are of the view that appellant has made out a case for entertaining this appeal and had also stayed the further reassessment proceedings. Accordingly, this writ petition is admitted for final hearing.
State of Madhya Pradesh Vs Sanjay Sharma (Madhya Pradesh HC) HC held that for cancelling the bail once granted the Court must consider whether any supervening circumstances have arisen or at the stage of post-grant of bail the conduct of accused demonstrate that it is no longer conducive to a fair trial to permit him […]
Space Enclave Private Limited Vs Income Tax Department and Others (Madhya Pradesh High Court) Since the jurisdictional issue has been raised before this Court, even assuming an alternative remedy u/S 246 of the Act of filing an appeal is available, it will not operate as an absolute bar for entertaining the writ petition as jurisdictional […]
Mount Everest Breweries Ltd. Vs State of Madhya Pradesh (Madhya Pradesh High Court) The learned counsel for petitioner submitted that earlier the petitioner had filed a petition bearing W.P. No. 8560/2016 seeking quashment of the assessment order issued by the respondents for the assessment year 2012-13 for arbitrarily levy of tax on beer under residual entry […]
Madhya Pradesh High Court held that as petition under section 11(6) of the Arbitration and Conciliation Act, 1996 not maintainable as there was an agreement on procedure to be followed for appointing an arbitrator.