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Madras High Court

Notice for Demand/Recovery not sustainable if it is against SC Judgement

October 1, 2020 885 Views 0 comment Print

Jumbo Bags Ltd. Vs Deputy Commissioner (Madras High Court) The issue under consideration is whether demand or recovery notice passed against the judgement delivered by the apex court is justified law? In the instant case, the petitioner claimed exemption from payment of duty against the sales effected by them against the Domestic Tariff Area (DTA) […]

No section 50 interest on GST payment made through input tax credit

September 29, 2020 18810 Views 0 comment Print

Maansarovar Motors Private Ltd. Vs Assistant Commissioner (Madras High Court) Conclusion: Every person who is liable to pay tax in terms of the Act shall remit the tax either in cash or by way of adjustment of credit available in the Input Tax Credit (ITC) register. Where delay is made in remitting the tax, no […]

Settlement application cannot be treated as invalid if commission fells that Issue needs to be adjudicated

September 28, 2020 1614 Views 0 comment Print

DCIT Vs. Hitachi Power Europe GmbH (Madras High Court) The power to be exercised by the Settlement Commission under sub-Section (2C) of Section 245D is within a period of fifteen days’ from the date of receipt of the report of the CIT. This provision gives power to the Settlement Commission to declare an application as […]

No Order Passed on Same Day of Hearing without Waiting for Assessee till End of Working Day

September 27, 2020 2781 Views 0 comment Print

whether passing the final assessment order on the same day when the matter was listed for hearing without waiting for the assessee till the end of the working day is justified in law?

Section 271(1)(c) Penalty Justified if Assessee not Acted Bonafidely

September 27, 2020 3726 Views 0 comment Print

Gangotri Textiles Ltd. Vs. DCIT (Madras High Court) The issue under consideration is whether the penalty u/s 271(1)(c) levied by the assessing officer is justified in law? In the present case, the assessee did not disclose about the sale of the lands and windmill in the return of income, which was clear from the perusal […]

Penalty of twice the tax amount for mere delay in Entry Tax payment was unjustified

September 25, 2020 1533 Views 0 comment Print

National Asphalt Products and Construction Company Vs State of Tamil Nadu (Madras High Court) The issue under consideration is whether sales tax officer is justified in levying penalty at twice the amount of entry tax? High Court states that, under the Act penalty may be imposed for failure to register as a dealer Section 9(1) […]

Reopening of Assessment not allowed to Form Change of Opinion

September 25, 2020 1062 Views 0 comment Print

The issue under consideration is whether the reassessment proceeding u/s 147 initiated to form change of opinion which clearly amount to reviewing the original order of assessment is justified in law?

Income from Lease Money or Rentals taxable as Business Income if it is Exclusive or Predominant Business of Assessee

September 25, 2020 5691 Views 0 comment Print

The issue under consideration is whether the income earned by the Assessees during the Assessment Years in question from letting out of its warehouses or property to lessees, is taxable under the head ‘Income from Business’ or ‘Income from House Property?

Depreciation cannot be claimed on Enhanced Value of second hand Windmill

September 25, 2020 2991 Views 0 comment Print

The issue under consideration is whether the actual purchase price of a second-hand asset can be ignored by purported recourse to Explanation 3 to Section 43(1) of the Income Tax Act, 1961?

HC imposes cost on revenue for filing frivolous GST appeals on Transitional Credit Issue

September 23, 2020 939 Views 0 comment Print

Commissioner of GST Vs Checkpoint Apparel Labeling Solutions India Pvt. Ltd (Madras High Court) We are constrained to observe that the Revenue Department, cannot be permitted to file such frivolous appeals by way of intra court appeals. The documents discussed above and quoted by us clearly establish beyond doubt that the Assessee had been making […]

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