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Madras High Court

Prosecution against company cannot continue after declaration of moratorium by NCLT

February 5, 2022 5370 Views 0 comment Print

Nag Leathers Pvt. Ltd Vs Muzain Hides (Madras High Court) It is evident that there is a categorical finding recorded by the Apex Court that the moratorium provision contained in Section 14 of the Insolvency Bankruptcy Code, would apply only to corporate debtor, the natural persons mentioned in Section 141 continuing to be statutorily liable […]

HC lifts provisional attachment of bank account as petitioner made adhoc GST payments pending investigation

February 1, 2022 1341 Views 0 comment Print

It is now brought to my notice that the petitioner has made certain adhoc payments pending investigation as a consequence of which the attachment of the bank account of the petitioner i.e. Mutharamman Iron and Steels has been lifted. Thus, the challenge to the provisional attachment does not survive any longer and recording the aforesaid, this writ petition is closed. Connected miscellaneous petitions are also closed.

HC directs ICAI Disciplinary Authority to conduct a fresh enquiry into complain with an unbiased behaviour

January 31, 2022 2490 Views 0 comment Print

HC quashed the decision of Disciplinary Board of the ICAI against the Chartered Accountant alleged of committing of misconduct. Held that, the complaint filed is undoubtedly incomplete and cannot be relied upon and was not enquired properly and by following the established principles of law. Further, held that complaints made to the Disciplinary Authority shall be enquired in all aspects with an unbiased behaviour before passing an order and the reasons for forming any opinion is of paramount importance in an enquiry proceedings.

HC Expunges ‘Scathing’ Remarks Against Actor Vijay

January 30, 2022 663 Views 0 comment Print

C. Joseph Vijay Vs State of Tamil Nadu (Madras High Court) HC held that it is difficult to suggest that the petitioner had acted with malafide and with deliberate intention and thus, the observation made by the learned single Judge, apart from being unwarranted, are irrelevant to decide the issue. The order of the writ […]

Legally permissible refund cannot be denied for procedural lapse; HC allows manual filing

January 29, 2022 5415 Views 0 comment Print

Twin Disc Power Transmission Pvt. Ltd Vs Deputy Commissioner (ST), GST – Appeals (Madras High Court) Whether in some extraordinary or exceptional circumstance, a GST refund application can be permitted to be filed manually? He held that in some extraordinary or exceptional circumstance, a refund application can be permitted to be filed manually  and such […]

GST refund claim filed after 2 years from the payment of Tax gets time barred

January 28, 2022 19947 Views 0 comment Print

Quest Global Engineering Services Private Limited Vs Deputy Commissioner (Madras High Court) Neutralise alleged excess GST payments through credit note as refund application is time barred The Hon’ble Madras High Court in Quest Global Engineering Services Private Limited vs The Deputy Commissioner of GST and Central Excise [W.P. No. 12105 of 2020 and WMP No. […]

Matter involving large scale State Revenues should be disposed speedily: HC

January 18, 2022 735 Views 0 comment Print

Dalmia Refractories Limited Vs State of Tamil Nadu (Madras High Court) HC held that When large scale State Revenues are involved, more specifically, in mining operations, wherever writ petitions are entertained, the State must ensure that counter-affidavits and vacate stay petitions are filed immediately and the matter is taken up for hearing as expeditiously as […]

Transitional ITC not claimed due to technical problem on GST Portal cannot lapse

January 17, 2022 2451 Views 0 comment Print

Vikas Elastochem Agencies Private Limited Vs Deputy Commissioner Central Excise & GST (Madras High Court) No doubt, the petitioner was required to file GST Tran 1 with correct information. However, the Courts have taken note of the fact that there were difficulties in making proper declarations in Tran 1 at the initial phase of implementation […]

HC quashes Order passed without sufficient opportunity subject to payment of Tax of Rs. 5 Crore

January 15, 2022 981 Views 0 comment Print

Hermes I Tickets P Ltd Vs DCIT (Madras High Court) In this case The petitioner has made out a case for interference as the impugned order has been passed based on the assumption that the amount urging in the petitioner’s account during the period were ‘an unexplained income’ of the petitioner. The fact remains that […]

GST paid during Investigation shall be treated as amount paid ‘under protest’

January 14, 2022 14094 Views 0 comment Print

Aditya Energy Holdings Vs Directorate General of GST Intelligence (Madras High Court) The amount paid by the petitioner are only deposits pending proper adjudication under Section 73/74 of the CGST Act, 2017. It appears that the amounts were collected from the petitioner during March 2021, at the time when summons were also issued to the […]

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