Madras High Court

Mere furnishing Shareholders ID not sufficient to discharge onus u/s 68

M/s. B.R. Petrochem Pvt. Ltd. Vs The Income Tax Officer (Madras High Court)

In B.R Petrochem Pvt Ltd Vs. ITO, the division bench of the Madras High Court held that mere furnishing of identity of shareholders by the asseessee would not sufficient to discharge their onus under section 68 of the Income Tax Act. While confirming the addition made against the assessee, the bench ruled that the assessee must prove the ...

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HC set aside Assessment Order merely based on web report

Tvl.Sri.Kumaraguru Traders, Vs The Commercial Tax Officer (Madras High Court)

Impugned order of assessment was made based on the Web Report, the Assessing Authority is not justified in passing the impugned order of assessment, without furnishing the details of such report and without conducting any enquiry at all levels....

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Loss on Foreign Cars Sale used in Business is ‘Business Loss

K. D. Madan Vs ITO (Madras High Court)

Loss suffered by the assessee on the sale of foreign is quantified at a figure of Rs. 51,6,108/-. The only question that remains is to determine the nature of loss. In view of the categoric finding of the Commissioner of Income Tax (Appeals) that has attained finality, to the effect that the foreign cars were utilised in the business of t...

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Tax liability under Expenditure Tax on raising of a composite bill upon conclusion of hotel stay

Commissioner of Income Tax Vs Adyar Gate Hotel Ltd. (Madras High Court)

High Court held that under Expenditure Tax Act 1987 chargeable expenditure would be incurred only upon raising of a composite bill upon conclusion of hotel stay and not earlier....

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Even A Beggar can stand as Surety; HC explain Law on Surety

Sagayam @ Devasagayam Vs State rep. by The Inspector of Police (Madras High Court)

It cannot be denied that a bogus person should not be accepted as a surety. A person who is offering surety must have acceptable residential proof. He may be a tenant, licensee. A beggar can also stand as surety provided he should have some acceptable residential proof....

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Plea in Madras HC on Penalty on CAs for Filing Wrong Information- Section 271J

V. Venkata Siva Kumar Vs The Union of India (Madras High Court)

A petition has been filed in the Madras High Court challenging the section 271J of the Income Tax Act inserted vide Finance Act 2017. Madras High Court has admitted the plea and issued notice to Finance Ministry.Section 271J of Income Tax imposed a penalty of Rs. 10,000 on Chartered Accountants for each wrong certification or report....

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Section 80HHC deduction not available on Sales Tax

M/s. K.H. Shoes Limited Vs The Assistant Commissioner of Income Tax (Madras High Court)

In K.H. Shoes Ltd v. ACIT, the division bench of the Madras High Court held that the Refund of Sales Tax received by the assessee is not deductible under section 80HHC of the Income Tax Act when such income has no direct nexus with his Export Business....

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Contractual Workers eligible for benefits under Maternity Benefits Act

Smt. Archana Pandey Vs State of M.P and others (Madras High Court)

Maternity leave does not change with the nature of employment. It is concerned with human right of a women and the employer and the Courts are bound under the constitutional scheme guaranteeing right to life, a right to live with dignity and protect the health of both mother and child...

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Cenvat refund cannot be denied for mere non registration of premises

Commissioner of Service Tax-III Vs Customs, Excise & Service Tax Appellate Tribunal (Madras High Court)

In our view, Questions No.2 and 3 seeks to raise an issue of law, which, already stands covered against the Revenue. We are, in respectful agreement, with the views taken by the Karnataka and Allahabad High Courts, as articulated in their respective judgments to which reference is made hereinabove....

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Value of broken bottles need not be reduced from WDV to calculate STCG

CIT Vs M/s. Alankar Business Corporation Ltd. (Madras High Court)

Value of the broken bottles need not be reduced from the written down value for the purpose of calculation of short term capital gains arising from sale of bottles....

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