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Madras High Court

Mere failure to pay tax will not constitute offence under Section 276C(2)

February 23, 2022 6381 Views 0 comment Print

S.P. Velayutham Vs ACIT (Madras High Court) Mere failure to pay the tax in time without any intention or deliberate attempt to avoid tax in totality or without any mens rea to avoid the payment, the word employed ‘wilful attempt’ cannot be inferred merely on failure to pay tax in time. If the intention of […]

HC directs restoration of GST registration on payment of tax, penalty & uploading of returns

February 21, 2022 11343 Views 0 comment Print

Tvl. Suguna Cutpiece Center Vs The Appellate Deputy Commissioner (ST) (GST) (Madras High Court) These Writ Petitions pertain to the challenge to the cancellation of GST Registrations issued to the petitioners under the provisions of the Tamil Nadu Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017. Some of the […]

Order passed within time, but communicated late, cannot dilute the validity of an order

February 21, 2022 6738 Views 0 comment Print

The Adjudicating Authority Vs M/s. Anuttam Academic Institutions (Madras High Court) Facts- During the year 2017, a search was conducted in the premises of Marg Group of companies and its related entities, which resulted in seizure of various documents allegedly indicating the prohibited transactions as per clause A of section 2(9) of the Act. Therefore, […]

HC disposes appeal as Assessee availed benefit under Direct Tax Vivad Se Vishwas Act, 2020

February 21, 2022 447 Views 0 comment Print

PCIT Vs Indian Additives Ltd (Madras High Court) This Tax Case Appeal has been filed by the appellant / Revenue challenging the order dated 14.06.2016 passed by the Income Tax Appellate Tribunal, Bench ‘A’, Chennai in I.T.A.No.835/Mds/2016, relating to the assessment year 2010-11. 2. By order dated 23.01.2017, this court admitted the aforesaid tax case […]

Initial Assessment year for Section 80IA(5) means first year of claim of deduction

February 20, 2022 1992 Views 0 comment Print

CIT Vs Roots Multiclean Ltd. (Madras High Court) It is abundantly clear from sub-section (2) of Section 80IA that an assessee who is eligible to claim deduction u/s 801A has the option to choose the initial/ first year from which it may desire the claim of deduction for ten consecutive years, out of a slab […]

Notaries in foreign country can be legally recognized by court even without reciprocity between countries

February 19, 2022 28728 Views 1 comment Print

The Court has held that even though there might be no reciprocity between India and another country under Section 14 of the Notaries Act, 1952, the notarial acts of the Notaries in the foreign country could be given legal recognition by the courts and authorities in India.

Section 148 Notice can be issued as per law prevalent on issue date

February 18, 2022 12492 Views 0 comment Print

As held by Allahabad High Court in Mon Mohan Kohli Vs. Assistant Commissioner of Income Tax, it is concluded that law prevailing on the date of issuance of notice under section 148 has to be applied.

Joint commissioner is directed to quantify the duty, bond amounts etc. and release black pepper consignment

February 13, 2022 1326 Views 0 comment Print

The captioned matter pertains to import of Black Pepper of Sri Lankan origin, seizure of the same on alleged grounds of over valuation to circumvent a custom notification and the captioned matter pertains to release of consignment under Section 110A of ‘the Customs Act, 1962.

HC dismisses petition against Assessment order under TNVAT as portioner not replied Assessment notices for 8 years

February 13, 2022 495 Views 0 comment Print

Kaveri Home Needs Vs State Tax Officer (Madras High Court) Considering the fact that the petitioner has shown scant regards of the assessment proceedings under the TNVAT Act, 2006, I do not find any merits in the present writ petition. Further, this writ petition has been filed for an order which came to be passed […]

Electronic Credit Ledger cannot remained blocked after expiry of period of 1 year

February 8, 2022 1794 Views 0 comment Print

K.Vinodhkumar Vs Commissioner of GST and Central Excise (Madras High Court) Learned counsel for writ petitioner draws the attention of this court to Sub Rule (3) of Rule 86 A and submits that on a demurrer that even if the attachment is for a valid reason under 86 A, the same elapsed on 17.02.2021, on […]

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