Madras High Court

HC Again Rejects Petition by CA seeking to direct Institute of Cost Accountants to use acronym ‘ICOAI’ instead of ‘ICAI’

V. Venkata Sivakumar Vs Institute of Cost Accountants of India (Madras High Court)

The issue under consideration is whether the petition filed by the CA for seeking to direct the Institute of Cost Accountants of India to use the acronym ‘ICOAI’ instead of ‘ICAI’ will be sustain by the High Court?...

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HC refuses to Prematurely pronounce in case related to Transfer Pricing

Hyundai Motor India Ltd. Vs Secretary, Income Tax Department (Madras High Court)

The issue under consideration is whether the writ petition filed against the order of DRP rather than first go for appeal before tribunal is justified in law?...

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No TDS u/s 194I on Payment for Acquisition of Leasehold Rights over Immovable Property

Nagarjuna Oil Corporation Ltd. Vs ACIT (Madras High Court)

The issue under consideration is whether payment for the acquisition of leasehold rights over immovable property is rental income and hence eligible for TDS u/s 194I ?...

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HC Allows Petitioner Retrospective Registration under Tamil Nadu GST

Tvl. Lourdes Matha Cashew Industries Vs Union of India (Madras High Court)

HC Allows Petitioner Retrospective Registration under Tamil Nadu GST. Court directs the respondents to consider the petitioner's representation, dated 14.09.2020 seeking for validation of his registration from 01.07.2017 itself and pass final orders on merits and in accordance with law....

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Prosecution can be launched before Income Tax Assessment completion : HC

Rohit Kumar Nemchand Piparia Vs Deputy Director of Income Tax (Madras High Court)

Prosecution proceedings were separate and distinct from the assessment or re­assessment proceedings. There was no requirement under the Act that the assessment proceedings should be completed before launching prosecution. HC refused to quash prosecution for the compounding of offense under Section 276C(1) of Income Tax Act....

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HC set aside Tribunal order for failure to records that finding of AO was erroneous

PCIT Vs Rakesh Sarin (Madras High Court)

Court under Section 260A would not interfere with the Tribunal's finding of fact could not be applied to the facts of case because the Tribunal did not record any finding of fact that the finding of fact recorded by AO was erroneous and not borne out by records. Thus, the order passed by Tribunal for not calculating the undisclosed income...

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HC rejects excise duty claim under Section 11B of Chennai Petroleum

Chennai Petroleum Corporation Ltd. Vs Commissioner of GST & Central Excise (Madras High Court)

Chennai Petroleum Corporation Ltd. Vs Commissioner of GST & Central Excise (Madras High Court) (a) The scheme of the Act contained in Section 11B of the Act read with other relevant provisions of the Central Excise Act as it then prevailed before the introduction of GST regime with effect from 1 July 2017, with regard […]...

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In Section 263 Assessment AO cannot go beyond Directions of CIT: Madras HC

CIT Vs Lakshmi Machine Works Ltd. (Madras High Court)

CIT Vs Lakshmi Machine Works Ltd. (Madras High Court) The issue under consideration is whether the AO can go beyond the directions of CIT, even though during the course of fresh assessment proceedings, it is open to the AO to examine any items other than specific item ? High Court states that, the jurisdiction exercised […]...

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Land owner can claim Section 80-IB(10) despite no expense on Housing Project

CIT Vs Astoria Leathers (Madras High Court)

The issue under consideration is whether Tribunal was correct and justified in directing the AO to allow deduction under section 80-IB(10) to assessee land owner when it had not incurred any expenses towards development or construction of the housing project?...

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Rejection of Claims of Sales or Returns Merely on the Assumption of Failure to Produce Documentary Evidence Not Justified

Kurlon Enterprises Limited Vs State Tax Officer (Madras High Court)

The issue under consideration is whether officers can reject claims of sales or returns merely on the assumption of failure to produce documentary evidence? HC is of the view that the exercise of reconciliation has not been conducted in the manner as required by law. The impugned assessments are thus set aside....

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Section 54F deduction cannot be denied for subsequent letting of property for commercial use

CIT Vs Ramesh Shroff (Madras High Court)

The issue under consideration is whether deduction u/s 54F can be denied for the reason that assessee had later on let out new property for commercial purpose to run restaurant?...

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Section 12A exemption cannot be denied without considering merits of the case

Thanthi Trust Vs DIT (Madras High Court)

Thanthi Trust Vs DIT (Madras High Court) Whether the Tribunal was right holding that the appellant trust is not eligible for exemption under Section 12A of the Income Tax Act, 1961 without considering the merits of the case in a proper manner? In the case on hand, there is no allegation that the assessee Trust […]...

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Container Freight Station Constitutes Inland Port Hence Eligible for Deduction u/s 80IA(4)

PCIT Vs Sanco Trans (Madras High Court)

The issue under consideration whether deduction under section 80IA(4) can be claimed on Container Freight Station (CFS) as it constitutes an ‘inland port’? Container Freight Station Constitutes as Inland Port Hence Eligible for Deduction u/s 80IA(4)....

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Adjudication Order Considered as Vague if Show Cause Notice Traverses beyond its Scope

R. Ramadas Vs Joint Commissioner of Central Excise (Madras High Court)

The issue under consideration is whether the show cause notice indicate the exact amount of service demanded in the respective services under Service Tax? An adjudication order without a proposal and made in pursuant of a vague show cause notice cannot be sustained....

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No reopening of Assessment after 4 Year if no failure of Assessee in disclosing relevant facts

CIT Vs Sterling Tree Magnum India Ltd. (Madras High Court)

CIT Vs Sterling Tree Magnum India Ltd. (Madras High Court) Learned Tribunal has categorically held that there was no failure on the part of the assessee, but disclosed the relevant facts and therefore, merely on the basis of the audit objection or change of opinion and re-assessment under Sections 147 & 148 of the Income […]...

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Sabka Vishwas Scheme – Amount in arrears – Deposits to be adjusted after determination of amount payable

M/s. Solamalai Automobiles Private Limited Vs The Designated Committee (Madras High Court)

Solamalai Automobiles Private Limited vs The Designated Committee (Madras High Court) The Madras High Court has held that for cases falling under ‘Amount in arrears’ category under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, the deposits  should   be adjusted after the determination of the amount payable. Department...

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Anti-Profiteering Investigation Notice cannot be issued without DGAP report

Theco India Pvt. Ltd. Vs Secretary (Madras High Court)

Madras High Court states that Notice for Anti-Profiteering Investigation can't be issued without a report of Director General of Anti-Profiteering (DGAP) followed by the order of the National Anti-Profiteering Authority (NAA)....

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Service Tax Payable on Anti-Virus Software under I T Software services

K7 Computing Private Ltd. Vs Commissioner (Madaras High Court)

The issue under consideration is whether an 'Anti Virus Software' would fall within the ambit of the definition of 'Information Technology Software' as defined u/s 65 (53a) of the Finance Act, 1994?...

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Compliance of GST (Compensation to States) Act, 2017 is Not Mandatory

G. Sundarrajan Vs Union of India (Madras High Court)

G. Sundarrajan Vs Union of India (Madras High Court) The issue under consideration is whether compliance of Goods and Services Tax (Compensation to States) Act, 2017 is mandatory? High Court states that, the mere employment of the word “shall” in Section 7(1) of the Goods and Services Tax (Compensation to States) Act, 2017 cannot be [...

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No section 50 interest on GST payment made through input tax credit

Maansarovar Motors Private Ltd. Vs Assistant Commissioner (Madras High Court)

Maansarovar Motors Private Ltd. Vs Assistant Commissioner (Madras High Court) Conclusion: Every person who is liable to pay tax in terms of the Act shall remit the tax either in cash or by way of adjustment of credit available in the Input Tax Credit (ITC) register. Where delay is made in remitting the tax, no […]...

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Madras HC permits re-submission of Form GSTR-3B

Sun Dye Chem Vs The Assistant Commissioner (ST) (Madras High Court)

Sun Dye Chem Vs Assistant Commissioner (ST) (Madras High Court) A registered person who files a return under Section 39(1) involving intra-State outward supply is to indicate the collection of taxes customer-wise in monthly return in Form GSTR-1 and the details of tax payment therein are auto populated in Form GSTR -2-A of the buyers. [&h...

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Property sold during pendency of GST proceedings is Void

Saraspathy Sundaraj Vs Assistant Commissioner (Madras High Court)

High court held that since the defaulter had transferred the property in favour of his brother's wife, by appointing his own brother as the Power Agent to act on his behalf and such a sale has happened within six months from the date of which the demand of arrears of tax was made, it can be said there are no bona fides in such a transfer....

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HC upheld constitutional validity of Regulation 7A of IP Regulations

V.Venkata Sivakumar Vs IBBI (Madras High Court)

V. Venkata Sivakumar Vs IBBI (Madras High Court) In this writ petition, the Petitioner challenges the constitutional validity of Regulation 7A of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (the IP Regulations) read with Bye-Law 12A of the Insolvency and Bankruptcy Board of India (IBBI) (Model...

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Order passed without granting Personal Hearing violates principles of natural justice

Jansons Industries Limited Vs State Tax Officer (Madras High Court)

Jansons Industries Limited Vs State Tax Officer (Madras High Court) High Court of Madras held that orders are contrary to law insofar as they are non-speaking and have been issued in violation of principles of natural justice, despite the specific request of the petitioner for personal hearing. High Court held that The impugned orders as ...

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Liability to pay custom duty in case delay beyond the period of 12 months for re-export of imported goods

Lahari Impex Pvt. Ltd. Vs Commissioner of Customs (Madras High Court)

Lahari Impex Pvt. Ltd. Vs Commissioner of Customs (Madras High Court) Conclusion: Where the goods re-imported for repair/reconditioning of the goods, when again re-exported beyond the prescribed period of one year including the extension of six months permitted in the Notification, assessee/ importer definitely became liable to pay the cu...

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HC Remand Back the case to AO for Detailed Enquiry of Disallowance u/s 36(1)(iii)

CIT Vs Asian Peroxides Ltd. (Madras High Court)

The issue under consideration is whether disallowance made u/s 36(1)(iii) is to be allowed when the Assessee has diverted interest bearing funds to its sister concern without charging any interest?...

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ROC cannot Deactivate DIN of Director for Disqualification in Any Company

Meethelaveetil Kaitheri Muralidharan Vs Union Of India (Madras High Court)

The issue under consideration is whether the ROC is correct and empowered to deactivate the Director Identification Number (DIN) of the director due to his disqualification in one company?...

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HC Refused to Entertain Plea of Rajinikanth against Property Tax Demand for Vacant Marriage Hall

R. Rajinikanth Vs Commissioner (Madras High Court)

whether the petition filed for disposal of notice for demanding property tax without waiting for disposal of same case by Municipal Corporation is justified in law?...

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HC: No entertainment tax on online booking charges for cinema tickets

PVR Ltd. Vs Commercial Tax Officer (Madras High Court)

PVR Ltd. Vs Commercial Tax Officer (Madras High Court) Conclusion: Online booking charges or internet handling charges  was not a mandatory payment for gaining entry into the cinema hall, it was an additional payment for extra or other facility provided by the Cinema hall owner thus, the same could not be subjected to entertainment tax. ...

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Exchange fluctuation loss related to acquiring of fixed asset was capital loss

Continuum Wind Energe (India) Pvt. Ltd. Vs DCIT (Madras High Court)

Continuum Wind Energe (India) Pvt. Ltd. Vs DCIT (Madras High Court) Conclusion: Amount paid towards the premium for hedging foreign exchange fluctuations was capital loss as exchange difference was required to be capitalized because liability had been incurred by assessee for the purpose of acquiring fixed asset namely plant and machinery...

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‘High Speed Diesel Oil’ includible as commodity in CST registration certificate

Sri Siva Saravana Blue Metals Vs  Assistant Commissioner (ST) ( Madras High Court)

Sri Siva Saravana Blue Metals Vs  Assistant Commissioner (ST) (Madras High Court) The Appellant State and the Revenue Authorities are directed not to restrict the use of ‘C’ Forms for the inter-State purchases of six commodities by the Respondent/Assessees and other registered Dealers at concessional rate of tax and they are ...

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ITC of Education Cess, SHEC & KKC cannot be claimed against GST: HC

Assistant Commissioner of CGST and Central Excise Vs Sutherland Global Services Private Limited (Madras High Court)

Assistant Commissioner of CGST and Central Excise Vs Sutherland Global Services Private Limited (Madras High Court) Whether the Assessee is entitled to utilise and set off the accumulated unutilised amount of Education Cess (EC), Secondary and Higher Education Cess (SHEC) and Krishi Kalyan Cess (KKC), all jointly referred to as the “...

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HC dismissed WP Filed against Credit Rating Agency as it is Private Body & Not ‘State’ as per Constitution

Mahasemam Trust Vs Union Of India (Madras High Court, Madurai Bench)

The issue under consideration is whether the writ petition filed against credit rating agency by stating that they are not authorised to discharge "Public Functions" as it is not characterised as 'State ' will be sustain in law?...

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Notice for Demand/Recovery not sustainable if it is against SC Judgement

Jumbo Bags Ltd. Vs DCIT (Madras High Court)

Jumbo Bags Ltd. Vs Deputy Commissioner (Madras High Court) The issue under consideration is whether demand or recovery notice passed against the judgement delivered by the apex court is justified law? In the instant case, the petitioner claimed exemption from payment of duty against the sales effected by them against the Domestic Tariff A...

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Expenditure on Lease Premises towards Civil Furniture etc. is Capital Expenditure

CIT Vs N. Viswanath (Madras High Court)

The issue under consideration is whether the expenditure incurred by the assessee on the lease premises towards civil furniture, etc. is a revenue expenditure or capital expenditure?...

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Yes Bank Case: Madras HC upholds legal validity of RBI’s circular on Additional Tier 1 Capital Bonds

Piyush Bokaria Vs RBI (Madras High Court)

Piyush Bokaria Vs RBI (Madras High Court) Facts- The RBI’s master circular dated 01.07.2015 is challenged on the ground that it violates Article 14, 19, 21, 253 and 300-A of the constitution. Further, it is also challenged to be contrary to the provisions of the Companies Act, 2013, the Indian Contract Act, 1872, the Transfer […]...

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Bill discounting Income computable as per accounting method regularly employed

Karur Vysya Bank Ltd Vs ACIT (Madras High Court)

Karur Vysya Bank Ltd Vs ACIT (Madras High Court) Facts- Only matter involved is income received in advance in the nature of interest income on discounting of bills against letter of credit is to be taxed on receipt basis or accrual basis. Assessee contended that there was no escapement of income. Assessee were following mercantile [&helli...

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Genuineness irrelevant while disallowing expenses – Section 40A(3)

Vaduganathan Talkies Vs ITO (Madras High Court)

Revenue is right in contending that the genuinity of the transaction is hardly a matter, which should weigh in the minds of the Assessing officer while examining as to the whether the assessees had violated Section 40A(3) of the Act....

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Exemption u/s 2(15) was allowable to Investor Financial Education Academy for conducting activities for charitable purpose

Investor Financial Education Academy Vs ITO-Exemption (Madras High Court)

Exemption under section 2(15) was allowable to assessee-Investor Financial Education Academy as the surplus of assessee could not be distributed, which was clearly spelt out in the Memorandum of Association, income and profit of the company, whatsoever derived should be applied solely for the promotion of its objects as set forth in the m...

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HC: Section 2(22)(e) Deemed dividend not to be assessed in the hands of partnership firm

CIT Vs. T. Abdul Wahid & Co. (Madras High Court)

Section 2(22) (e) would stand attracted when a payment is made by a company, in which public are not substantial interested by way of advance or loan to a share holder, being a person who is the beneficial owner of the shares. Thus, deemed dividend under Section 2(22) (e) is to be assessed in the hands of the shareholder and not in the ha...

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No defamation of advocate for acting on instruction of client

M. L. Ganesh Vs. V. Venkata Siva Kumar (Madras High Court)

The Hon’ble Supreme Court and various High Courts has repeatedly held that an advocate, who acted professionally, as per the instruction of his/ her client, cannot be made criminally liable for offence of defamation unless contrary is alleged and established....

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GST ITC Rejection through a non speaking order is bad in law

Jay Jay Mills (India) Pvt. Ltd. Vs The State Tax Officer (Madras High Court)

In the present case, the petitioner had made an application for refund under Section 54 of the Act and when the respondent had issued notice to them for rejection of the ineligible goods and services of SGST, CGST and IGST, they have given a detailed reply, objecting to the All these objections were required to be dealt with by the author...

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Section 10A/10B deduction eligible on ‘deemed export’ to other STP unit

Preludesys India Ltd. Vs. ACIT (Madras High Court)

Preludesys India Ltd. Vs. ACIT (Madras High Court) The first aspect that has to be considered is as to whether the Income Tax Act, 1961 deals with the concept of a ‘deemed export’. This position has been clearly explained by the High Court of Karnataka both in the case of Tata Elxsi Ltd., and in […]...

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No Section 40A(3) disallowance if Bank Account was Not Operational due to Attachment

PCIT Vs Sumukha Synthetics (Madras High Court)

The issue under consideration is whether the disallowance under Section 40A(3) of the Act as made by the Assessing Officer is sustainable under Income Tax Act when banking facility was available but the bank account could not be operated by the very bank themselves because of an order of attachment passed by the ESI Department....

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Section 54 deduction allowed on Advance paid for Purchase of Property Prior to Sale of Old Capital Asset

Moturi Lakshmi Vs. ITO (Madras High Court)

The issue under consideration is whether the advance to the seller of flat prior to the date of sale of old capital asset will be eligible for claiming deduction u/s 54 under capital gains?...

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HC set aside Order passed on the basis of a report which was not provided to Appellant

T.V. Sundaram Iyengar & Sons Pvt Ltd Vs. Commissioner of CGST & Central Excis (Madras High Court)

whether non furnishing of scrutiny report to the assessee and then passing an adverse order based on the said scrutiny report is justified in law?...

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HC Allows Issuance of ‘C’ Forms against purchase of High Speed Diesel from Suppliers in Other States

Venkatramanaswamy Blue Metals Vs. Assistant Commissioner (Madras High Court)

Difficulty in obtaining 'C' forms under the provisions of the Central Sales Tax Act, 1956 in order to avail concessional benefit of tax for purchase of High Speed Diesel from suppliers in other states....

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Extended Period of Limitation Can’t be granted if there is No Suppression of Facts by Assessee

Commissioner of GST and Central Excise Vs. JSW Steel Limited (Madras High Court)

The issue under consideration is whether the an extended period of limitation of 5 years can be allowed to the Adjudicating Authority even if there is no suppression of facts made out against the Assessee?...

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Settlement application cannot be treated as invalid if commission fells that Issue needs to be adjudicated

DCIT Vs. Hitachi Power Europe GmbH (Madras High Court)

DCIT Vs. Hitachi Power Europe GmbH (Madras High Court) The power to be exercised by the Settlement Commission under sub-Section (2C) of Section 245D is within a period of fifteen days’ from the date of receipt of the report of the CIT. This provision gives power to the Settlement Commission to declare an application as […]...

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No Order Passed on Same Day of Hearing without Waiting for Assessee till End of Working Day

Urbanclap Technologies India Pvt. Ltd.  Vs. State Tax Officer (Madras High Court)

whether passing the final assessment order on the same day when the matter was listed for hearing without waiting for the assessee till the end of the working day is justified in law?...

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Section 271(1)(c) Penalty Justified if Assessee not Acted Bonafidely

Gangotri Textiles Ltd. Vs. DCIT (Madras High Court)

Gangotri Textiles Ltd. Vs. DCIT (Madras High Court) The issue under consideration is whether the penalty u/s 271(1)(c) levied by the assessing officer is justified in law? In the present case, the assessee did not disclose about the sale of the lands and windmill in the return of income, which was clear from the perusal […]...

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Custom Notification Increasing Duty on Peas applicable on Retrospective Basis

Commissioner of Customs Vs. Shadi Ram & Sons Pvt. Ltd. (Madras High Court)

The issue under consideration is whether the custom notification for increasing the duty on peas will be levied on retrospective basis or prospective basis?...

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HC Direct Commissioner to Handover Delivery Order to Petitioner

Vanathi Exports Private Ltd. Vs. Commissioner of Customs (Madras High Court)

whether the commissioner is justified in withholding the delivery order for the 1x40' container, by insisting for clearance of the dispute against the 2x20' containers?...

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Penalty of twice the tax amount for mere delay in Entry Tax payment was unjustified

National Asphalt Products and Construction Company Vs State of Tamil Nadu (Madras High Court)

National Asphalt Products and Construction Company Vs State of Tamil Nadu (Madras High Court) The issue under consideration is whether sales tax officer is justified in levying penalty at twice the amount of entry tax? High Court states that, under the Act penalty may be imposed for failure to register as a dealer Section 9(1) […]...

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Reopening of Assessment not allowed to Form Change of Opinion

PCIT Vs Safe Corrugated Containers Pvt. Ltd. (Madras High Court)

The issue under consideration is whether the reassessment proceeding u/s 147 initiated to form change of opinion which clearly amount to reviewing the original order of assessment is justified in law?...

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Income from Lease Money or Rentals taxable as Business Income if it is Exclusive or Predominant Business of Assessee

PSTS Heavy Lift and Shift Ltd Vs DCIT (Madras High Court)

The issue under consideration is whether the income earned by the Assessees during the Assessment Years in question from letting out of its warehouses or property to lessees, is taxable under the head 'Income from Business' or 'Income from House Property?...

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Depreciation cannot be claimed on Enhanced Value of second hand Windmill

V.Sabitamani Vs Asst.CIT (Madras High Court)

The issue under consideration is whether the actual purchase price of a second-hand asset can be ignored by purported recourse to Explanation 3 to Section 43(1) of the Income Tax Act, 1961?...

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GST-Inverted duty structure- Section 54 not violates Article 14- HC

Tvl. Transtonnelstroy Afcons Joint venture Vs Union of India (Madras High Court)

1) Section 54(3)(ii) does not infringe Article 14. (2) Refund is a statutory right and the extension of the benefit of refund only to the unutilised credit that accumulates on account of the rate of tax on input goods being higher than the rate of tax on output supplies by excluding unutilised input tax credit that accumulated on accou...

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Advance from Developer cannot be treated as ‘Windfall’ gain & taxed

CIT Vs. City Lubricants Pvt. Ltd (Madras High Court)

CIT Vs. City Lubricants Pvt. Ltd (Madras High Court) Thus, the issue pertaining to the amount of advance received by the assessee, namely, Rs.9 Crores was never the subject matter of the reopening proceedings which is sufficient to hold that the assessment order dated 25.03.2015 to be a nullity. Nevertheless, we heard the learned counsels...

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Joint DGFT cannot review his own orders: HC

Simplex Infrastructures Ltd. Vs. Union of India (Madras High Court)

Simplex Infrastructures Ltd. Vs. Union of India (Madras High Court) Joint DGFT has no powers to review his own orders in view of Section 16 of the FTDR Act. There can be no review of an earlier refund except in accordance with the provision of Section 16 of the FTDR Act, which only permits the […]...

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Motor Accident Claims Tribunal not empowered to entertain Claim Petition under Motor Vehicles Act

The Cholamandalam MS General Insurance Company Limited Vs Ramesh Babu (Madras High court)

The Cholamandalam MS General Insurance Company Limited Vs Ramesh Babu (Madras High court) In the present case, the Personal Accident Coverage Policy has been agreed between the appellant/Insurance company as well as the respondent. Rs.2,00,000/- is fixed under the Personal Accident Coverage Policy. The Tribunal has granted a sum of Rs.2,1...

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HC admits writ challenging 7 Year old SCN issued by Custom department

Mr. J. Sheik Parith Vs Commissioner of Customs (Madras High Court)

Mr. J. Sheik Parith Vs Commissioner of Customs (Madras High Court) The only aspect that remains is to determine whether it would have been ‘possible’ for the respondents to complete such determination within the time frame fixed or whether they had been prevented from doing so by reason of an impediment or bar, justifying the [&hellip...

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Refund of ACD on Import cannot be Rejected Merely for Missing Model Number in Sale Invoice

Johnson Lifts Pvt. Ltd. Vs. Assistant Commissioner of Custom (Refunds) (Madras High Court)

The issue under consideration is whether the rejection of refund of additional custom duty merely because the model number is missing in sale invoice is justified in law?...

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Order passed by Ignoring Cross Examination Request is unlawful

M. P. Ganesan Vs The Commercial Tax Officer (Madras High Court)

The issue under consideration is whether the order passed by AO by denying the cross examination request of custom banker as well as bank officials is justified in law?...

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Section 194N TDS on Cash Withdrawal Not Applicable if Sums withdrawn Not Constitutes Income of Recipient

Tirunelveli District Central Cooperative Bank Limited Vs JCIT- TDS (Madras High Court)

The issue under consideration is whether TDS on Cash Withdrawal u/s 194N is applicable even though the sums withdrawn is not constitute income in the hands of the recipient?...

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HC Allows Provisional Release of Seized Goods after Collection of Customs Duty

Black Gold Technologies Vs Union of India (Madras High Court)

the petitioner is seeking provisional released for the goods seized by the customs officer due to mis-declaration of the cargo in order to circumvent the import restriction imposed by the extant Foreign Trade Policy....

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HC Quashes Notification Increasing Tax Rate on Petrol & Diesel in Puducherry

K. Devamani Vs. Union of India (Madras High Court)

the petitioner seek quashing of notification for increasing the rate of tax payable in respect of Petrol and Diesel and fixing the same at 28% and 21.8% respectively....

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ITC cannot be denied for charge by seller at Higher than specified rate

Visteon Automotive Systems Pvt. Ltd. Vs Deputy Commissioner (CT) (Madras High Court)

The issue under consideration is whether the respondent was justified in directing the petitioner to reverse the input tax credit availed on capital goods in excess of 4% vide the impugned order?...

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Onus on revenue to prove that CA Certificate is False Statement

Tvl. Madura Coasts (P) Ltd. Vs Commissioner of Commercial Taxes (Madras High Court)

whether Sales Return transactions which are erroneously shown it in sales tax return as sales can be rectified eventually after submission of CA certificate alongwith the concern Invoice memos?...

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Reversal of ITC Merely by Adopting Uniform or Ad-hoc Percentage is unsustainable

Sri Ranganathar Valves Private Limited Vs The Assistant Commissioner (CT) (FAC) (Madras High Court)

The present Writ Petitions relate to restriction of the amount of Input Tax Credit (ITC) predominantly on the head of (a) Prior sufferance of Taxes; (b) ITC on reversal on wastage; and (c) Ineligible claim of ITC on goods....

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HC Restrain CG to Appoint Lawyers as Technical members to GSTAT

Service Bar Association Vs Union of India (Madras High Court)

High Court restricted the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders....

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HC restrains Govt from appointing Technical Members to GSTAT until further orders

Revenue Bar Association Vs Union of India (Madras High Court)

Revenue Bar Association Vs Union of India (Madras High Court) Madras High Court restrained the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders vide its order dated 17.08.2020. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Heard Mr.Rahul Unnikrishnan, learne...

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Interest on Bank deposits eligible for Section 10A or 10B deduction: HC

CIT Vs. Sankhya Technologies Pvt Ltd. (Madras High Court)

CIT Vs. Sankhya Technologies Pvt Ltd. (Madras High Court) It has been brought to the notice of this Court that there is a judgment of the Full Bench of the Karnataka High Court, to which one of us (Dr.Vineet Kothari, J.) was a party, in which the Full Bench has held that the interest on […]...

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Madras HC issued Notice to Commissioner & AC of GST for ITC related Issues

Amplexor India Private Limited Vs Union of India (Madras High Court)

The Madras High Court issued the notice to the Commissioner and Assistant Commissioner of GST for various issues related to Input Tax Credit, its transitional provisions and concern time limit....

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Assessment valid if Assesee not informs about Striking off Name of Company during Assessment

CIT Vs Tarachanthini Services Pvt. Ltd. (Madras High Court)

whether the Tribunal was right in remanding back to the file of AO for investigation as to whether the company was in existence at the relevant time by holding that the assessment order passed was nullity?...

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Section 40(a)(ia) amendment is Curative & is Retrospective

CIT Vs Archean Granites Private Ltd. (Madras High Court)

whether Tribunal is right in holding that amendment made to Section 40(a)(ia) by Finance Act, 2010 would apply retrospectively though the amendment is made with effect from 01.4.2010? ...

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HC explains when Transfer to holding company cannot be regarded as Transfer

CIT Vs Shardlow India Ltd. (Madras High Court)

CIT Vs Shardlow India Ltd. (Madras High Court) In this case The assessment was reopened on 06.8.2013 by issuing a notice under Section 148 of the Act on the ground that the assessee transferred some portion of its land at Sembium to its holding company namely M/s.Simpson & Co. Ltd., for a consideration of Rs.375 […]...

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Madras HC dismisses plea challenging levy of IBBI on IP Fees

CA. Venkata Siva Kumar Vs IBBI (Madras High Court)

Madras High Court upheld the requirement which mandates that the IP should pay a fee calculated at 0.25% of the professional fee earned for services rendered as an IP in the preceding financial year to the IBBI....

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Section 10AA Deduction eligible on Manufacturing Activity as per SEZ Act

CIT Vs M/s. Vetrivel Minerals (Madras High Court)

whether the tribunal is correct in holding that the assessee is carrying on manufacturing activity as per SEZ Act, 2005 and hence eligible for deduction U/s.10AA?...

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Expenditure on Hotel Rooms Renovation & Redecoration is Revenue Expense

Pandian Hotels Ltd. Vs DCIT (Madras High Court)

The issue under consideration is whether the expenditure incurred in renovation and redecoration of rooms in a hotel is a revenue expenditure or capital expenditure?...

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Income from Letting out Property in Industrial park/SEZ including amenities Taxable as Business Income

CIT Vs Tidel Park Limited (Madras High Court)

Whether the income derived from letting out of the property in an industrial park/SEZ including the amenities would be business income in the hands of the owner of the property?...

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Tribunal should Issue Specific Directions while Remanding Back the Case to AO

CIT Vs Tamilnadu Industrial Development Corporation Limited (Madras High Court)

whether the tribunal was right in coming to the conclusion that the Assessing Officer has not recorded his mandatory satisfaction as required under Section 14A(2) of the Act?...

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HC rejects Petition by CA seeking to direct Institute of Cost Accountants of India to use acronym ‘ICOAI’ instead of ‘ICAI’

V. Venkata Siva Kumar Vs Institute of Cost Accountants of India (Madras High Court)

The issue under consideration is whether the petition filed by the CA for seeking to direct the Institute of Cost Accountants of India to use the acronym ‘ICOAI’ instead of ‘ICAI’ will be sustain by the High Court?...

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Form 62 filing Not Mandatory to allow carry forward of Losses u/s 72A

PCIT Vs M/s. Lotte India Corporation Ltd (Madras High Court)

whether the non-filing of prescribed Form No.62 for the third Assessment Year is restrict the Assessee to carry forward losses under Section 72A of the Income TaxAct, 1961?...

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Amendment to Section 40(a)(ia) by Finance Act 2010 was retrospective

CIT Vs Archean Granites Private Ltd. (Madras High Court)

CIT Vs Archean Granites Private Ltd. (Madras High Court) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to the […]...

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Reopening of Assessment for Mere Change of Opinion is unjustified

PCIT Vs Shri. K. R. Jayaram (Madras High Court)

Whether the Tribunal was justified in holding that the reopening of assessment was a result of mere change of opinion, even when there is no opinion formed or expressed by the Assessing Officer on this issue in the original assessment?...

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Interpret Dispute Resolution Scheme (SVLDR 2019) fairly: HC

Navin Housing and Properties (P) Ltd. Vs Designated Committee under Sabka Vishwas Legacy (Madras High Court)

the objective of the Dispute Resolution Scheme is to reduce legacy tax disputes and therefore, fairness should be there while interpreting the provisions of the scheme....

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HC directs GSTN for migration/transition of credit

Guru Shoe Components and Company Vs Goods and Services Tax Council (GST Council) (Madras High Court)

The petitioner states that since no provisional ID was received from GSTN, it proceeded to utilise an ID using random units that, admittedly, has no basis and was defective. Using this ID, business was conducted during the period 01.07.2017 to 21.08.2017 and credit was also earned....

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COVID-19: HC allows 6 Month to pay tax dues: Defreezes bank account

Shree M. Revathi Printers Vs DCIT (Madras High Court)

High Court states that by taking into consideration the situation of COVID-19 pandemic, court directed officer to de-freeze the bank account maintained by the petitioner....

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HC Grant Refund for Excess Custom Duty paid as per Amended Section 25

Ruchi Soya Industries Limited Vs Union of India (Madras High Court)

The issue under consideration is whether the petitioner is liable for the refund for the excess amount of duty paid under customs as per the amended section 25 of Customs Act?...

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Cenvat Credit refund denial for Mere Non-Registration of Premises is unjustified

Commissioner of GST & Central Excise Vs M/s. Pay Pal India Pvt. Ltd. (Madras High Court)

The issue under consideration is whether denial of a refund of Cenvat credit for mere non-registration of Premises is justified in law? learned Tribunal held that refund claimed by the Assessee on Cenvat Credit cannot be disallowed merely because the premises in question was not registered with the Revenue Department....

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Section 36(1) override Section 145A- Interest allowable when Asset put to use

Mahindra World City Developers Ltd. Vs ACIT (Madras High Court)

The issue under consideration is whether the Tribunal was right in law in holding that the interest expenditure is Capital in nature...

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Transitional Credit eligible only when claimed within time: HC

P.R. Mani Electronics Vs Union of India (Madras High Court)

P.R. Mani Electronics Vs Union of India (Madras High Court) Section 140 of the CGST Act read with Rule 117 of the CGST Rules enables a registered person to carry forward the accumulated ITC under erstwhile tax legislations and claim the same under the CGST Act. In effect, it is a transitional provision as is […]...

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Expenses cannot be excluded from Export Turnover u/s 10AA merely because it is in Foreign Currency

Renault Nissan Technology & Business Centre India Private Limited Vs CIT (Madras High Court)

The issue under consideration is whether the foreign currency expenditure need to be excluded from the ‘export turnover’ of the assessee for the purpose of computing deduction under Section 10AA of the Act?...

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Fake ITC: HC modifies Bail Conditions considering COVID-19

A. Mohideen Vs The Senior Intelligence Officer (Madras High Court)

HC modify Conditions of Bail considering the inability of accused to comply with same due to COVID-19....

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Prior to A.Y. 2015-16 word ‘a’ employed under Section 54 can include plural residential houses

Tilokchand & Sons Vs ITO (Madras High Court)

If the word 'a' as employed under Section 54 prior to its amendment and substitution by the words 'one' with effect from 01.04.2015 could not include plural units of residential houses, there was no need to amend the said provisions by Finance Act No.2 of 2014 with effect from 01.04.2015 which the Legislature specifically made it clear to...

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Sunfeast -Maggi Dispute – No Monopoly on word ‘Magic’, ‘Masala’

ITC Vs Nestle India Limited (Madras High Court)

The word Magic is laudatory. It is incapable of being appropriated by the plaintiff. As such no person can claim any monopoly over the said word Magic or Magical or their derivative as they are common to the trade. Therefore, it is incapable of being monopolised by any trader....

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Set off of Brought Forward Losses of Merged Division in Revised Return allowed by ITAT

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court)

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) The issue under consideration is whether the set off of brought forward losses and unabsorbed depreciation of merged division in revised return is justified in law?  In present case, the assessee Company had filed the original return of income on 28.09.2010 showing total i...

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‘Works Contract’ for fitting out any movable property into patient’s body in course of medical procedure was liable for VAT

MIOT Hospitals Ltd Vs State of Tamil Nadu (Madras High Court)

Works contract for fitting out or implanting of prosthetics into the physiology or the body of the patient for alleviation of pain or for improvement of the life of the patient in the course of medical/surgical procedure could be construed as 'works contract'  liable for VAT under the provisions of the Tamil Nadu Value Added Tax  Act, 2...

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