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october 2022

Supreme Court of India · 2022-10-14

THE STATE OF MADHYA PRADESH vs M/S COMMERCIAL ENGINEERS AND BODY BUILDING COMPANY LTD.

Citation / case number
SC 2016/8822
Court
Supreme Court of India
Petitioner
THE STATE OF MADHYA PRADESH
Respondent
M/S COMMERCIAL ENGINEERS AND BODY BUILDING COMPANY LTD.
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court reversed the High Court's decision that quashed the Assessment Order denying Input rebate under the Madhya Pradesh Value Added Tax Act, 2002. The Court held that the High Court erred in entertaining the writ petition without the respondent exhausting the statutory remedy of appeal available under Section 46(1) of the Act. The judgment emphasized the importance of following statutory procedures before approaching the High Court under Article 226 of the Constitution.

THE STATE OF MADHYA PRADESH vs M/S COMMERCIAL ENGINEERS AND BODY BUILDING COMPANY LTD. · Niyam