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Madras High Court

MEIS cannot be denied on exports through DHL to a destination abroad

August 8, 2021 1374 Views 0 comment Print

Jindal Drugs Private Limited Vs Union of India (Madras High Court) In this case, supply has been made by the petitioner to FTWZ for onward shipment at the behest of the purchaser, UTEXAM, to a location of its choice. This modus operandi is supported by the documentation placed on record by the petitioner. Thus, DHL […]

Ban on online games of skills played with stakes as unconstitutional: Madras HC

August 4, 2021 2637 Views 0 comment Print

Junglee Games India Private Limited Vs The State of Tamil Nadu (Madras High Court) The petitioners complain of an over-paternalistic stance taken by the State in bringing about sweeping amendments to an existing law that, according to the petitioners, infringe their fundamental rights and are otherwise unreasonable to the point of being manifestly arbitrary. 2. The […]

HC allows Provisional Release of Cargo on duty payment, Bond & Bank Guarantee

August 2, 2021 900 Views 0 comment Print

Commissioner of Customs Custom House Vs Venkateshwara Paper Boards (Madras High Court) the request for mutilation was much after seizure of the goods. On and after 31.01.2020, stock lot goods are prohibited. Therefore, the issue would be if there are three varieties of paper bundled into one, whether it would fall within the definition of […]

Hear plea on Interest Charging for delayed GST Payment: HC to GST Dept

August 2, 2021 924 Views 0 comment Print

S R & Sons Vs Assistant Commissioner (ST) (FAC) (Madras High Court) This Court is of the considered opinion that the petitioner has emphatically stated that he has no grievance against the order in original dated 11.11.2020 and his grievance is against the charging of interest under Section 50 of the Central Goods and Services […]

Take Action against Officials causing Revenue loss to State: HC to GST Dept.

August 1, 2021 2178 Views 0 comment Print

G.E. Govindaraj Vs Assistant Commissioner (CT) (Madras High Court) It is in the public domain that large scale and wider allegation of corrupt activities, more specifically, in Department like Commercial Tax Department, are prevailing and, people are lamenting about the corrupt activities in collusion with the traders at large in the State. However, no measures […]

Assessment order valid despite initial section 147 notices in wrong name if revenue identifies & corrects the mistake

August 1, 2021 3066 Views 0 comment Print

Principal Officer, M/s. Vedanta Limited Vs DCIT (Madras High Court) As far as the present Writ Petition is concerned, admittedly, the notice under Section 148 was issued in a wrong name. However, close reading of the name of the Company would reveal that the first word ‘Sesa’ is not alien to the petitioner Company and […]

HC upheld disallowance of Foreign Travel expense of wife on failure to prove that she was working as staff

August 1, 2021 801 Views 0 comment Print

P. Amarnath Reddy Vs ACIT (Madras High Court) It is pertinent to note that in the Assessment Order, M/s.Shoetek Agencies is the assessee’s proprietary concern and is engaged in the business of leather and leather products. In the Assessment Order, though the assessee contended that Mrs. Swetha Reddy went aboard in the capacity of Marketing […]

HC confirms addition for share capital advance as Assessee failed to prove identity, credit worthiness & genuineness

August 1, 2021 693 Views 0 comment Print

PCIT Vs SRM Systems and Software P. Ltd. (Madras High Court) The assessee disclosed share capital advance to the tune of Rs.6,17,81,000/- and they were directed to furnish names and addresses of the persons, who contributed the advance share capital. The assessee, by reply dated 15.12.2010, stated that the advance towards share capital is Rs.5,65,96,723/- however, […]

Payee cannot be denied TDS Credit for Failure of deductor to pay TDS

August 1, 2021 1782 Views 0 comment Print

Ashok Kumar B. Chowatia Vs JCIT (TDS) (Madras High Court) To the extent tax was deducted by the second respondent and not remitted by the second respondent to the Income Tax Department, recovery can be only directed against the second respondent as the second respondent is the assessee in default. The petitioner cannot be made […]

Lease rent from modules of STP is business income eligible for Section 80IA deduction

August 1, 2021 1014 Views 0 comment Print

CIT Vs Rishabh Infopark Pvt. Ltd. (Madras High Court) The only issue in the appeals of the Revenue is that the Income Tax Appellate Tribunal erred in holding that the lease rent income received from letting out modules of Software Technology park to various lessees would constitute income from business and eligible for deduction under […]

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