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VEHICLE FACTORY JABALPUR vs. JOINT COMMISSIONER AND OTHERS
(Madhya Pradesh High Court)

Hon'ble Judges:

MOHAMMAD RAFIQ
VIJAY KUMAR SHUKLA
Pet. Counsel
Himanshu Khemuka
Res. Counsel
G. S. Thakur

Petitioner / Applicant

VEHICLE FACTORY JABALPUR
Respondent JOINT COMMISSIONER AND OTHERS
Court Madhya Pradesh High Court
State

Madhya Pradesh

Date Mar 1, 2021
Order No.

WP - 4985-2021

Citation

2021(3) TAXREPLY 3923
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ORDER

This writ petition is directed against the order of the Joint Commissioner, Central G.S.T., Central Excise and Customs, Jabalpur, whereby the following order has been passed against the petitioner - Vehicle Factory, Jabalpur :- "(i) I confirm the demand of Central Goods and Services Tax of ₹ 12,83,72,983/- (₹ 12,35,59,429/- + ₹ 48,13,554/-) (Rs. Twelve Crore Eighty Three Lakhs Seventy Two Thousand Nine Hundred and Eighty Three only) under Section 73 (9) of the CGST Act, 2017. The same should be paid forthwith by the Noticee. (ii) The interest under Section 50 of the CGST Act,2017 wrongly availing transitioned GST Credit of ₹ 12,83,72,983/- (₹ 12,35,59,429/- + ₹ 48,13,554/-) for the subject period is ordered to be recovered from the Noticee. (iii) I impose a penalty of ₹ 1,28,37,298,30/- i.e. ten per cent of the tax due as per Section 122(2)(a) of the CGST Act 2017." At the outset it has to be noted that petitioner is a unit established by Gove....

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