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Madras High Court

Self-assessment of tax liability during Audit before June 30, 2019 can be considerd as Quantification’ under SVLDR Scheme, 2019

December 13, 2022 810 Views 0 comment Print

HC held that benefit under SVLDR Scheme could not be denied on the ground that the quantification required to be done under SVLDR Scheme is actually self-assessment done during duration of Audit.

Provisional attachment under GST cease to have effect after a period of one year from date of order of attachment

December 12, 2022 627 Views 0 comment Print

The attachment as per Section 83(2) shall cease to have effect after a period of one year from date of order of attachment. Thus, pending writ petition, the impugned order has ceased to have effect, as on 15.09.2020.

Bribery Case: Punishment of dismissal from service of Commercial Tax Officer disproportionate

December 9, 2022 1203 Views 0 comment Print

Madras High Court in the case of dismissal of Commercial Tax Officer from the service due to collection of bribe as Diwali Mamool from the traders held that punishment of dismissal from service is disproportionate to the nature of charge.

Turnover of sale of alcoholic liquor sold in restaurant is taxed separately

December 7, 2022 3075 Views 0 comment Print

Madras High Court held that turnover relating to the sale of alcoholic liquor sold in the restaurant is not to be included in the turnover of foods and drinks as sale of alcoholic liquor is taxable separately.

GST registration cancelled for non-filing of returns to be restored on filing the pending returns

December 7, 2022 2934 Views 0 comment Print

Madras High Court directed the petitioner to file the pending GST returns thereafter the GST registration cancelled, on account of non-filing of GST return for continuous period of 6 months, will be restored

Cancelled GST to be restored on filing all the pending GST Returns

December 7, 2022 1476 Views 0 comment Print

Madras High Court directed the petitioner to file the pending GST returns thereafter the GST registration cancelled, on account of non-filing of GST return for continuous period of 6 months, will be restored

Assessee needs to demonstrate that their case is covered within ambit of any settled judgement

December 7, 2022 1320 Views 0 comment Print

Madras High Court held that Supreme Court in the case of State of West Bengal vs. Calcutta Club Limited concluded that sales tax is not payable on any sale of goods in the form of food, refreshments and drinks including liquors by the club to its permanent members. However, petitioner needs to demonstrate that their case comes within the ambit of said judgement.

Person discharged/ acquitted of scheduled offence there can be no offence of money-laundering as well

December 7, 2022 945 Views 0 comment Print

Madras High Court held that if the person is discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him.

GST registration stands revived on uploading pending returns as returns not uploaded due to health issue

December 3, 2022 1497 Views 0 comment Print

Madras High Court held that registration shall stand revived on payment of tax and uploading of return and accordingly granted relief in the case of cancellation of GST registration due to non-filing of GST returns due to health issue

CA Cannot be Prosecuted under PMLA merely for Issuing Form No. 15CB

December 3, 2022 11949 Views 0 comment Print

While issuing Form No. 15CB a Chartered Accountant is required to only examine the nature of the remittance and nothing more. The Chartered Accountant is not required to go into the genuineness or otherwise of the documents submitted by his clients

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