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Madras High Court

Validity of SCN: HC direct GST dept to consider applicability of Circular No. 52/26/2018-GST

July 8, 2022 1554 Views 0 comment Print

PEETEE Coach Builders Private Limited Vs Union of India (Madras High Court) The petitioner has challenged the impugned show cause notice dated 15.12.2020 of the 4th respondent on the ground that the impugned notice is contrary to the circular No.52/26/2018-GST, dated 09.08.2018 of the Government of India, Ministry of Finance (Department of Revenue), Central Board […]

Reopening by officer having no jurisdiction vitiate the entire proceedings

July 7, 2022 2325 Views 0 comment Print

Reopening the assessment under section 148(2), by officer having no jurisdiction over the appellant, vitiate the entire reassessment proceedings initiated against the appellant.

No demand can be made under GST in Form DRC-01A without issue of section 74(1) Notice

July 3, 2022 5817 Views 0 comment Print

Madras HC quashes assessment orders against Anantham Retail Pvt. Ltd. for tax years 2019-22. Violation of natural justice cited. Learn more.

HC allows re-Export of goods subject to Authority of dept to impose penalty for irregularities

July 3, 2022 642 Views 0 comment Print

Assistant Commissioner of Customs Vs Mahadev Enterprises (Madras High Court) The simple prayer in the writ petition is to direct the appellants to permit the respondent to re-export the goods, namely, Unflavored Supari (Betelnut Product) and to issue a ‘Detention Certificate’ for waiver of demurrage and container detention charges. The respondent imported Betelnut Product with […]

IBC proceedings cannot dilute rights of Income Tax Depat to reopen assessment

July 2, 2022 12408 Views 0 comment Print

The Madras High Court rules that IBC proceedings cannot affect the rights of the Income Tax Department to reopen assessments.

Maximum time limit is 60 days for demurrage & detention charges waivers

July 1, 2022 5046 Views 0 comment Print

Since the maximum period of demurrage and detention charges waivers could be possible for 60 days, beyond which, there was no scope for such demurrage and detention charges waiver in view of the proviso to Regulations 10(l) of 2018 Regulations, since the said two months period had already been given from 18.11.2021 to 13.01.2022, beyond 13.01.2022, assessee could not seek for any such waiver for detention and demurrage charges.

Section 148 Negotiable Instrument Act order were interlocutory in nature & not revisable

June 30, 2022 2979 Views 0 comment Print

Order for grant of suspension of sentence or bail were all interlocutory orders and were not revisable under Section 397 of the Code of Criminal Procedure.

Criminal proceedings justified in concealment of income, without filing return

June 29, 2022 699 Views 0 comment Print

Criminal proceedings justified on account of wilful and deliberate concealment of true and correct income by not filing the return of income within the time stipulated

Period of limitation u/s 153 is applicable in remand matters

June 29, 2022 8508 Views 0 comment Print

Held that the period of limitation prescribed under Section 153 (2A) or 153 (3) is applicable, when the matters are remanded back irrespective of whether it is to the Assessing Officer or TPO or the DRP, the duty is on the assessing officer to pass orders.

File appeal against assessment order raising demand for difference in ITC claimed with GSTR-2A: HC

June 29, 2022 4269 Views 0 comment Print

Explore Progressive Stone Works challenge against GST Assessment Orders for AY 2017-18 and 2018-19. Learn about discrepancies in ITC, legal clarifications, and the impact on input tax credit.

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