Kabeer Reality Private Limited Vs The Union of India

Date: November 21, 2019

Court: High Court
Bench: Madhya Pradesh
Type: Writ Petition
Judge(s)/Member(s): HON’BLE SHRI JUSTICE S.C. SHARMA & HON’BLE SHRI JUSTICE SHAILENDRA SHUKLA
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Subject Matter

Filing of GSTR-1 amounts to determination of tax liability. No separate determination under Section 73 is required.

Recovery

Summary

The taxpayer has argued that in absence of determination of tax under Section 73 of the Act of 2017, no recovery can be made  against the petitioner, as no notice of demand was ever issued to the petitioner / Company. However, the HC ruled that:…

The petitioner before this, Court Kabeer Reality Private Limited is a company registered under the Companies Act, 1956, has filed this present petition being aggrieved by the order/notice dated 08.07.2019 passed by the Deputy Commissioner, CGST & Central Excise, Division – V, Indore, by which the respondent No.2 has issued a notice to the tenants of the petitioner for initiating recovery…

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