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Madras High Court

Adjudication Order Considered as Vague if Show Cause Notice Traverses beyond its Scope

November 12, 2020 7167 Views 0 comment Print

The issue under consideration is whether the show cause notice indicate the exact amount of service demanded in the respective services under Service Tax? An adjudication order without a proposal and made in pursuant of a vague show cause notice cannot be sustained.

HC Allows Petitioner Retrospective Registration under Tamil Nadu GST

November 10, 2020 849 Views 0 comment Print

HC Allows Petitioner Retrospective Registration under Tamil Nadu GST. Court directs the respondents to consider the petitioner’s representation, dated 14.09.2020 seeking for validation of his registration from 01.07.2017 itself and pass final orders on merits and in accordance with law.

Loan amount waived by the bank is taxable income or not?

November 10, 2020 4131 Views 0 comment Print

Kothari International Trading Limited Vs ACIT (Madras High Court) The only point to be decided herein is whether the loan amount waived by the bank is taxable income or not. As already stated, in the decision referred by the learned counsel for the appellants in the case of CIT Vs. Mahindra and Mahindra, the assessees […]

Sabka Vishwas Scheme – Amount in arrears – Deposits to be adjusted after determination of amount payable

November 10, 2020 1029 Views 0 comment Print

Solamalai Automobiles Private Limited vs The Designated Committee (Madras High Court) The Madras High Court has held that for cases falling under ‘Amount in arrears’ category under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, the deposits  should   be adjusted after the determination of the amount payable. Department’s contention that the sum paid was to […]

HC Again Rejects Petition by CA seeking to direct Institute of Cost Accountants to use acronym ‘ICOAI’ instead of ‘ICAI’

November 9, 2020 1215 Views 0 comment Print

The issue under consideration is whether the petition filed by the CA for seeking to direct the Institute of Cost Accountants of India to use the acronym ICOAI instead of ICAI will be sustain by the High Court?

Service Tax Payable on Anti-Virus Software under I T Software services

November 8, 2020 1635 Views 0 comment Print

The issue under consideration is whether an ‘Anti Virus Software’ would fall within the ambit of the definition of ‘Information Technology Software’ as defined u/s 65 (53a) of the Finance Act, 1994?

HC upheld constitutional validity of Regulation 7A of IP Regulations

November 5, 2020 1056 Views 0 comment Print

V. Venkata Sivakumar Vs IBBI (Madras High Court) In this writ petition, the Petitioner challenges the constitutional validity of Regulation 7A of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (the IP Regulations) read with Bye-Law 12A of the Insolvency and Bankruptcy Board of India (IBBI) (Model Bye-Laws and Governing Board of […]

In Section 263 Assessment AO cannot go beyond Directions of CIT: Madras HC

November 3, 2020 2142 Views 0 comment Print

CIT Vs Lakshmi Machine Works Ltd. (Madras High Court) The issue under consideration is whether the AO can go beyond the directions of CIT, even though during the course of fresh assessment proceedings, it is open to the AO to examine any items other than specific item ? High Court states that, the jurisdiction exercised […]

Rejection of Claims of Sales or Returns Merely on the Assumption of Failure to Produce Documentary Evidence Not Justified

November 2, 2020 2040 Views 0 comment Print

The issue under consideration is whether officers can reject claims of sales or returns merely on the assumption of failure to produce documentary evidence? HC is of the view that the exercise of reconciliation has not been conducted in the manner as required by law. The impugned assessments are thus set aside.

Anti-Profiteering Investigation Notice cannot be issued without DGAP report

October 29, 2020 762 Views 0 comment Print

Madras High Court states that Notice for Anti-Profiteering Investigation can’t be issued without a report of Director General of Anti-Profiteering (DGAP) followed by the order of the National Anti-Profiteering Authority (NAA).

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