Madras High Court quashes impugned order, remits the case to ITO for a fair review, citing violation of justice principles. Writ Petition disposed.
High Court After Taking Cognizance of Delayed Disposal of Appeals under Faceless Appeal Scheme, 2020 Directed Commissioner of Income Tax (Appeals) On Account of Principles of Natural Justice To Decide Appeal Expeditiously Within 12 Weeks.
Baalu Renukadevi Vs Union of India (Madras High Court) Rules 9 and 10 of Companies (Appointment and Qualifications of Directors) Rules, 2014 deals with the application for allotment of DIN. Rule 10(6) specifies that the DIN is valid for the life time of the applicant and shall not be allotted to any other person. Rule […]
Ramakrishnan Mahalingam (Prateeksha Bharat Gas Garima Vitrak) Vs State Tax Officer (Madras High Court) An assessment would have to be made by the authority in terms of Section 73 or other applicable provision after following the procedure set out therein, and it is only in the course thereof that the officer may consider and decide […]
Ramasamy Udayar Vs District Collector (Madras High Court) If religious intolerance is going to be allowed, it is not good for a secular country. Intolerance in any form by any religious group has to be curtailed and prohibited. In this case, intolerance of a particular religious group is exhibited by objecting for the festivals which […]
Submission of additional statement of facts providing further disclosure would invalidate the original application as assessee had not filed the application with true and full disclosure. There was reason to believe that assessee had not approached the Settlement Commission with clean hands and thus, Settlement Commission had committed an error apparent and allowed the application filed by assessee in violation of the provisions of the Income Tax Act.
In the absence of exhausting appellate remedies by assessee, the High Court was losing the benefit of deciding the classification of product “Herbal Sherbat Granules” on merits as High Court could not conduct a trial or examine the original records in the writ proceedings under Article 226 of the Constitution of India. Thus, the Courts should not provide an unnecessary opportunity to assessee to escape from the liability merely on the ground on jurisdictional error, which was rectifiable.
YSI Automotive India Pvt. Ltd. Vs Commissioner of Customs (Madras High Court) EPCG scheme Non-mentioning of authorisation in case of third-party exports is not fatal: The Madras High Court has held that the requirement of mentioning EPCG licence of the manufacturer in the shipping bill, in case of third-party exports, though mandatory as per Para […]
Exemption notification has to be interpreted stricto sensu. No external aids can be brought in to interpret an exemption notification. If assessees, who claim benefit of exemption notification, fail to fulfil any one of the conditions contained therein, the benefit cannot be extended.
Watanmal Boolchand & Co. Ltd. Vs Assistant Director of Income Tax (Madras High Court) Conclusion: Reassessment against a Hongkong-based company, Watanmal Boolchand was justified as there was a prima facie the case of ‘Business Connection’ of assessee-company in India. Held: Assessee-company was incorporated outside India under the laws of Hong Kong. One of the group […]
