Madras HC rules bonafide intent essential for purchasers of properties from GST defaulters. Attachment order valid unless intent is proven in court.
Madras High Court held that since concealment of proceeds of crime is an offence under Prevention of Money Laundering Act, 2002 [PMLA], Enforcement Directorate need not demonstrate where the money eventually went.
Directions are given by the Hon’ble Supreme Court right from Visakato Aureliano Fernandez Vs. State of Goa and others in respect of the strict implementation of the provisions of PoSH Act.
The Madras High Court remanded the case of AKR Academy, challenging the denial of exemption under Section 10(23C) due to an error in filing the income tax return.
During the scrutiny of the petitioner’s monthly return, it was found that there was a short payment of taxes due to excess claim of Input Tax Credit and alleged mismatch between GSTR-3B and GSTR-2A/GSTR-2B.
Madras High Court held that jurisdiction under Article 226 of the Constitution of India cannot be exercised for examination of disputed questions of facts since entire basis of assessment order is on the basis of erroneous/ non-existent facts.
Madras High Court held that non-provision of personal hearing through Video Conferencing, as opted by the petitioner, is against the principles of natural justice. Accordingly, order passed is liable to be set aside.
Madras High Court held that since petitioner failed to reply to notice nor attended the personal hearing, it is directed to deposit 25% of the disputed tax and post deposit of the tax an opportunity of being heard will be granted.
The petitioner has filed the present writ petition challenging the impugned order dated 19.07.2021 and the impugned recovery notice dated 05.05.2023 passed by the respondent for the assessment year 2017-2018.
It is mainly contested that invocation of jurisdiction under Section 148 of the Act was beyond the period of limitation under Section 148 read with Section 147 of the Act as there was no suppression of facts by the petitioners.
