Devendra Kumar Jain vs. The State Of Madhya Pradesh

WA/1475/2022HC Madhya PradeshGST20 March 2023Bench: HON'BLE SHRI JUSTICE ROHIT ARYA2 pages
For Petitioner: Sunil Kumar JainFor Respondent: Advocate General
AI SummaryDismissed

Held

The High Court held that the findings recorded by the learned Single Judge in the impugned order were impeccable and based on the facts on record. The Court found that the correct principles of law had been applied. Consequently, the High Court was of the considered opinion that no indulgence was warranted in the instant intra-court appeal. The appeal was found to be sans merits.

Facts

The appellant, Devendra Kumar Jain, filed an intra-court appeal against an order dated 13/06/2022 passed by a learned Single Judge in W.P. No.28496 of 2021. The appeal was filed before the High Court of Madhya Pradesh at Gwalior. The respondents were the State of Madhya Pradesh and the Assistant Commissioner, CGST and Central Excise, Gwalior. The appellant sought indulgence from the High Court in the intra-court appeal.

Key Issues

1. Whether the findings recorded by the learned Single Judge in the impugned order dated 13/06/2022 in W.P. No.28496 of 2021 are impeccable and based on correct principles of law. The appellant argued for indulgence in the intra-court appeal. The respondents, through the Additional Advocate General, contended that the findings of the learned Single Judge were based on facts on record and correctly applied legal principles. No specific provisions of the GST Act were explicitly mentioned in the arguments presented in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROHIT ARYA & HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH ON THE 20th OF MARCH, 2023 WRIT APPEAL No. 1475 of 2022 BETWEEN:- DEVENDRA KUMAR JAIN S/O LATE SHRI GOPI LAL JAIN, AGED ABOUT 83 YEARS, OCCUPATION: AGRIL. WARD NO. 8 SARAF MOHALLA THASIL KOLARAS (MADHYA PRADESH) .....APPELLANT (BY SHRI SUNIL JAIN-ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (M.P.) (MADHYA PRADESH) 2. ASSISTANT COMMISSIONER CGST AND CENTRAL EXCISE DIVISION 1 GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI ANKUR MODY-ADDITIONAL ADVOCATE GENERAL) This appeal coming on for hearing this day, JUSTICE ROHIT ARYA passed the following:

ORDER Having perused the impugned order dated 13/06/2022 passed by learned Single Judge in W.P. No.28496 of 2021, we are of the considered opinion that the findings recorded are based on facts on record; therefore, impeccable and the conclusion has been drawn after applying the correct principles of law.

Consequently, no indulgence is warranted in the instant intra-court 1 (ROHIT ARYA) JUDGE (SATYENDRA KUMAR SINGH) JUDGE appeal.

Appeal being sans

The judgment continues below.

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Reproduced from the public record of the Madhya Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.