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Madhya Pradesh HC

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

January 23, 2023 3399 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 849 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 1398 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 1695 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 2232 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 1494 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 804 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 1470 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 1038 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

Section 271(1)(c) penalty cannot be imposed on debatable issue: MP HC

November 7, 2022 2202 Views 0 comment Print

CIT Vs S. Kumar Tyres Manufacturing Co. Ltd. (Madhya Pradesh High Court) Sub-Whether there can be any penalty u/s 271(1)(c) in respect of a debatable issue? The Division bench of Madhya Pradesh High Court was considering department’s appeal when ITAT had given relief to the assessee by holding that there could not have been penalty […]

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