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Madras High Court

Section 8 of Arbitration and Conciliation Act, 1996 is an exception to Section 42

September 13, 2022 1035 Views 0 comment Print

Held that section 8 of the Arbitration and Conciliation Act, 1996 is an exception to Section 42. However, if Section 8 is also brought within the ambit of Section 42, it would defeat the sublime philosophy underlining arbitration i.e., party autonomy.

Audit Objection cannot be basis of AO’s ‘Reasons to Believe’ after lapse of time period of 6 Years

September 13, 2022 2391 Views 0 comment Print

An audit objection did not satisfy the requirement of AO having an independent ‘reason to believe’ that income had escaped assessment, that too after the elapse of nearly six years from the end of the relevant assessment year, therefore, the impugned reassessment proceedings were vitiated.

GST Registration Cancellation Would Affect Interests of Revenue: Madras HC

September 10, 2022 1629 Views 0 comment Print

Tvl. Lucky Mydeen Briyani Vs Commissioner (Madras High Court) It is seen that the petitioner during the Covid-19 pandemic period had not filed his returns and thereafter, he had not conducted any business so that he filed only nil returns. Further this case is quite similar to the cases of the petitioners in Tvl.Suguna Cutpiece […]

Detention order is to be passed by the jurisdictional assessing officer

September 10, 2022 1251 Views 0 comment Print

Held that if there is bona fide dispute, it is only the jurisdictional assessing officer to decide the issue and it is not by the Roving Squad Officers.

Cancelled registration of GST can be restored by levying penalty

September 9, 2022 2406 Views 0 comment Print

Cancelled registration of GST can be restored by regularizing defaults vide levying penalty with gravity of lapses committed by petitioner by issuing notice 

Interest is leviable despite the availability of credit in cash/credit ledgers if no payment was made in GST

September 8, 2022 7974 Views 1 comment Print

HC held that in a case where GST Liability has not been remitted, interest under Section 50 of CGST Act is leviable even if the taxpayer has adequate credit balance in his cash ledger or credit ledger.

MEIS Benefit cannot be denied due to Technical Error in Electronic System

September 8, 2022 1674 Views 0 comment Print

Due to technical error or lacunae in electronic system, petitioner cannot be deprived of its benefit/incentive under MEIS – Madras High Court

Maintainability of Appeal against Award passed under Motor Vehicles Amendment Act, 2019 of less than Rs. 1 lakh 

September 8, 2022 8022 Views 0 comment Print

Filing of an appeal against an Award of less than a sum of Rs.1,00,000/- can be entertained in respect of appeals arising out of claim petitions filed prior to 01.04.2022.

Concessional duty benefit cannot be denied on goods meant for use in rotor of windmills for notional billing to customer

September 7, 2022 1266 Views 0 comment Print

Nordex India Private Limited Vs Commissioner of Customs (Madras High Court) Conclusion: Where the goods imported at concessional rate and meant for use in rotor of windmills were used in the manufacture of Wind Operated Electricity Generators at the site of the customer and imported parts invoiced to customer by importer and then installation taken […]

Revenue cannot be restrained from collecting GST when Adverse Order sustains

September 6, 2022 726 Views 0 comment Print

An order has passed holding the issue adverse to interests of petitioner. So, prayer of petitioner for a mandamus forbearing respondents from levying, collecting or recovering GST does not arise.

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