Madras High Court

Interest on delayed refund – Wrong/excessive collection of duty is not ‘deposit’

Global United Shipping India (P) Ltd. Vs Assistant Commissioner of Customs (Refund) (Madras High Court)

It is to be noted that right to credit or forfeit such deposit would arise only after determination of the liability to pay the 'duty'. On the other hand, the right over the duty so paid is instant on the revenue and not a postponed entitlement....

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No concealment penalty even for not disclosing income in ITR if shown in balance sheet

PCIT Vs Trisha Krishnan (Madras High Court)

Assessee, in the instant case, has not concealed the income deliberately (particularly in the light of the fact that advances have been shown in the balance sheet filed even along with the original return) and therefore, is not liable for imposition of penalty under Section 271(1)(c) of the IT Act....

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Expense on installation of software with No enduring benefit qualify as revenue expense

CIT Vs M/s. Chona Financial Services Pvt. Ltd. (Madras High Court)

Since assessee acquired only a right to use the software and there was no enduring benefit acquired by the assessee on account of the license promoted by it on payment of annual fee, the expenditure incurred towards installation of such software would qualify as revenue expenditure....

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Reassessment proceedings on basis of change of opinion was invalid

City Union Bank Limited Vs ACIT (Madras High Court)

Reassessment could not be reopened on basis of change of opinion in case the matter of dis allowance had already been considered during the original assessment proceedings because the authority could not take advantage of their own wrong if they failed to perform their statutory duty....

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Section 54 deduction cannot be denied for mere non-deposit in capital gain account

Venkata Dilip Kumar, Kartha-HUF Vs CIT (Madras High Court)

Venkata Dilip Kumar,Kartha-HUF Vs CIT (Madras High Court) No doubt, Section 54 (2) contemplates that if the amount of the capital gain is not appropriated by the assessee towards purchase of new assets within one year before the date on which the transfer of original asset took place or which is not utilised by him […]...

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HC on Continuation of proceedings against dead person in name of legal representative

V. Srinivasan Vs CIT (Madras High Court)

Assessments made in the name of dead person cannot be held to be non-est merely because the procedural requirements of taking on record the legal representative are not complied with. The Assessing Authority is not expected to have knowledge of the fact of the death of Assessee when he passed the orders and therefore, there is an obligati...

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Mere admitted liability not enough to invoke Section 79 provision of CGST Act

M/s V.N. Mehta & Company Vs Assistant Commissioner (Madras High Court)

GST - Section 79- whether mere admitted liability is enough for invoking the provision under Section 79 of CGST Act - validity of recovery proceedings in the absence of assessment - term amount payable by a person - initiation of proceeding for provisional attachment -...

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HC allows transitional credit of EC / SHEC / KKC under GST

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

Revenue has not made out any bar for the transitioning of EC, SHEC and KKC into the GST regime and the petitioner satisfies all conditions both under sub-section (1) and (8) of section 140. The embargo placed by Rule 3(7)(b) is long gone with the introduction of GST. Certainly the powers-that-be are conscious of these factors in drafting ...

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University Bound to Provide Copy of Answer Sheet under RTI Act, 2005

Tamil Nadu Dr. Ambedkar Law University Vs Tamil Nadu State Information Commission (Madras High Court)

Court would like to emphasis that the Law University, being a Public Institution, is bound to implement the provisions of the Right to Information Act, scrupulously in its letter and spirit....

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Setting aside of penalty while remanding the matter when correct

Commissioner of Central Excise Vs M/s. Madras Cements Ltd. (Madras High Court)

Commissioner of Central Excise Vs M/s. Madras Cements Ltd. (Madras High Court) Madras High Court has dismissed an appeal against the CESTAT order wherein the Tribunal had set aside the penalty and allowed Cenvat credit on MS items used for fabrication of support structures, while remanding the matter for computation of credit. The Tribuna...

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