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Case Law Details

Case Name : Advantage India Logistics Private Limited Vs The Union of India and others (Madhya Pradesh HC)
Appeal Number : Writ Petition No.16266 of 2018
Date of Judgement/Order : 23/08/2018
Related Assessment Year :
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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 no notification was issued and in absence of any notification under Section 4 of the IGST Act has no force, we cannot accept the contention of the petitioner that the action of the respondent No.4 is wholly without jurisdiction.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

In the present writ petition, the petitioner – Advantage India Logistics Private Limited is praying for quashment of seizure memo dated 15.07.2018 (Annexure-P/1) issued under Section 129(1) of Madhya Pradesh Goods & Services Tax Act, 2017 (in short “the MPGST Act, 2017”).

2. According to the petitioner, M. P. State Government or officials authorized under the MPGST Act, 2017 have no jurisdiction to exercise the powers under the Integrated Goods and Services Act, 2017 (in short “the IGST Act, 2017), particularly under Section 4 of the IGST Act, 2017.

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