Madras High Court

Notice issued in the name of a dead person is unenforceable despite non-intimation of death

Alamelu Veerappan Vs ITO (Madras High Court)

Alamelu Veerappan Vs ITO (Madras High Court) Admittedly, the limitation period for issuance of notice for reopening expired on 31.3.2017. The impugned notice was issued on 30.3.2017 in the name of the dead person. On being intimated about the death, the Department sent the notice to the petitioner – his spouse to participate in the ...

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Rental Income can be business income even if Main Objects are not letting out of Properties

Principal Commissioner of Income Tax Vs M/s. Sakthi Sugers Ltd. (Madras High Court)

PCIT Vs M/s. Sakthi Sugers Ltd. (Madras High Court) Issue- Whether the Appellate Tribunal is right in allowing the rental income of the assessee as ‘business income’ instead of ‘income from house property‘ when the principal object of the assessee company is not letting out of properties ? When this matter came...

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Transitional GST Input Credit cannot be denied on Procedural Grounds

Tara Exports Vs The Union of India, (Madras High Court)

In view of the GST regime and the IT platform being new, it may not be justifiable to expect the users to back up digital evidences. Even under the old taxation laws, it is a settled legal position that substantive input credits cannot be denied or altered on account of procedural grounds....

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Revision U/s. 263 cannot be done if AO has taken Plausible view resulting in revenue loss

Agasthiya Granite (P) Ltd. Vs ACIT (Madras High Court)

If the view taken by the AO was a plausible view and if it results in loss of revenue, it could not be treated as prejudicial to the interests of the Revenue for the purpose of invoking the power under section 263....

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ITAT cannot enhance assessment in appeal under IT Act, 1961

Sanmar Speciality Chemicals Ltd. Vs ITO (Madras High Court)

Sanmar Speciality Chemicals Ltd. Vs ITO (Madras High Court) Tribunal has no power under the Income Tax Act to enhance the assessment in an appeal. Equally, it cannot be done on an order of remand being passed by the Tribunal to the Assessing Officer. Therefore, we opine that it is sufficient to clarify the legal position as held b...

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Share capital cannot regard undisclosed income company

V. R. Global Energy Pvt. Ltd Vs ITO (Madras High Court) Counsel argued, and rightly, that when there was no cash involved in the transaction of allotment of shares, provisions of Section 68 of the said Act treating it as unexplained cash credit are not attracted.  Learned counsel for the appellant assessee emphatically argued that in...

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Expenses incurred on abandoned project are revenue expenses

Tamilnadu Magnesite Ltd. Vs ACIT (Madras High Court)

Referring to a circular issued by the CBDT in Circular No.16/2015 dated 06.10.2015, held that film production expenses of abandoned films should be treated as revenue expenditure. This decision was followed in the case of Asia Power Projects P Ltd. (supra)....

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HC set aside RoC’s Order Disqualifying Directors for Non-Filing of Financial Statements

Bhagavan Das Dhananjaya Das Vs Union of India (Madras High Court)

Bhagavan Das Dhananjaya Das Vs Union of India (Madras High Court) (a) When the New Act 2013 came into effect from 1.4.2014, the second respondent herein has wrongly given retrospective effect and erroneously disqualified the petitioner-directors from 1.11.2016 itself before the deadline commenced wrongly fixing the first financial year...

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HC upheld penalty for Cash Loan exceeding Rs. 20000 Taken & repaid

M. Sougoumarin Vs The Assistant Commissioner of Income Tax (Madras High Court)

These appeals are against an order dated 31-3-2016 passed by the Income Tax Appellate Tribunal B Bench, Chennai, allowing the appeals, being I.T.A.Nos.262 and 263/Mds/2015, in relation to the assessment years 2008-2009 and 2012-2013 filed by the respondent Revenue and restoring the penalty imposed by the Assessing Officer under Sections 2...

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Non-Competent Fee & Brand Equity eligible for Depreciation

CIT Vs M/s. Radaan Media Works (Madras High Court)

CIT Vs M/s. Radaan Media Works (Madras High Court) Department fairly admitted that the brand equity of a sum of Rs.75 lakhs valued at a sum of Rs.75 lakhs would be an intangible right coming within the purview of ‘business or commercial rights’ of a similar nature. He also brought to our notice the decision of this High Co...

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