Madras High Court

Non-quoting of reasons for reopening in reassessment notice would not vitiate entire proceedings

Seshasayee Paper & Boards Ltd Vs UOI (Madras High Court)

Mere non quoting of the reasons for reopening by AO in the impugned notice would not vitiate the entire proceedings. Department had to furnish the reasons to assessee and on receipt of the reasons, if assessee were of the opinion that there were no additional material or new materials were available then they could submit their objections...

Read More

Appeal cannot be decided by CIT(A) on personal opinion without any material available on record

Smt. R. Santha Vs CIT (Madras High Court)

Smt. R. Santha Vs CIT (Madras High Court) There can be no allegation against the assessee of diversion assessee and her husband, who had established the dhall mill and that the assesee is at an advantage in obtaining finished product from her husband’s dhall mill and she will be assured of time delivery of the processed dhall ...

Read More

Non-holding of enquiry for determination of FMV- Matter remanded back

CIT Vs M/s.Vaani Estates Pvt. Ltd. (Madras High Court)

CIT Vs M/s. Vaani Estates Pvt. Ltd. (Madras High Court) Having heard the learned counsel for the parties and considering the aforesaid provisions, we are of the opinion that the learned Assessing authority was required to undertake the exercise of fact finding by determining the Fair Market Value of the Shares in question as required [&he...

Read More

Reconstitution of firm does not constitute transfer u/s 45(4)

National Company Vs ACIT (Madras High Court)

Section 45(4) would not be attracted on the retirement of the two partners and consequential allotment of their share in the assets in the assessee-firm as there was no element of transfer of interest in the partnership assets by the retiring partner to the continuing partners. ...

Read More

Constitution of GST Appellate Tribunals is Unconstitutional: Madras HC

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

(i) Section 110(1)(b)(iii) of the CGST Act which states that a Member of the Indian Legal Services, who has held a post not less than Additional Secretary for three years, can be appointed as a Judicial Member in GSTAT, is struck down. (ii) Section 109(3) and 109(9) of the CGST Act, 2017, which prescribes that the tribunal shall consis...

Read More

HC passes interim order permitting to pay GST on amount exceeding Rs. 7500 on plea of RWAs

M/s TVH Lumbini Square Vs Union of India (Madras High Court)

Madras High Court passes an interim order against AAAR on plea of RWAs to charge GST only on the amount in excess of Rs.7500/- but not on the entire amount....

Read More

No penalty for cash receipt and repayment of same due to business exigency

CIT Vs Shri.T.Perumal (Madras High Court)

CIT Vs Shri. T. Perumal (Madras High Court) Here is a case where the loan taken from friends and repayment of the same in cash. The reason that taking of loan is found to be genuine and the same is for business exigency, it is not a case of undisclosed income. If the assessee had […]...

Read More

HC explains what is reasonable time to file writ petition

S. Vaidhyanathan Vs Government of Tamil Nadu (Madras High Court)

The word reasonable has in law prima facie meaning of reasonable in regard to those circumstances of which the person concerned is called upon to act reasonably knows or ought to know as to what was reasonable. It may be unreasonable to give an exact definition of the word reasonable....

Read More

Pay interest consequent to delay in filing GST Return, only on net tax liability: HC

Commissioner of CGST v. M/s. Daejung Moparts Pvt. Ltd. (Madras High Court)

High Court of Madras in the matter of Commissioner of CGST v. M/s. Daejung Moparts Pvt. Ltd. [W.A.Nos.2127 and 2151 of 2019] dated 23.07.2019 dismissed the Letter Patent Appeal filed by the department and upheld the order of single bench, whereby assessee was directed to pay interest consequent to delay in filing of Return, only on ne...

Read More

Stay on recovery of demand cannot be rejected merely relying on CBDT instruction

M/s. Shriram Finance Vs Pr. CIT (Madras High Court)

Since CIT rejected assessee’s application for stay of recovery of demand merely relying of CBDT instruction which was cryptic and non-speaking as CBDT circular/instruction could not serve as a series of guidelines in the matter of grant of stay, therefore, the matter was remanded back to CIT for disposal afresh in accordance with law....

Read More

Browse All Categories

CA, CS, CMA (4,319)
Company Law (5,062)
Custom Duty (7,434)
DGFT (4,016)
Excise Duty (4,265)
Fema / RBI (3,857)
Finance (4,024)
Income Tax (30,964)
SEBI (3,208)
Service Tax (3,471)