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Madras High Court

Cenvat credit on capital goods taken and utilized vis-à-vis benefit of higher drawback rate – matter remanded

June 11, 2022 600 Views 0 comment Print

Raghav Industries Ltd. Vs Union of India (Madras High Court) Facts- The appellant is a manufacturer of synthetic and blended textile yarn made of duty paid raw material viz., polyester staple fiber or polyester viscose staple fibre. According to the appellant, as per the Government schemes, a manufacturer can either export the finished product without […]

No interest & penalty if ITC is merely availed but not utilised

June 10, 2022 43911 Views 3 comments Print

No interest and penalty to be imposed if credit is merely availed but not utilised | Section 73 & 74 Interest will be attracted only if wrong/excess ITC availed & utilized

Compounding scheme of TNVAT Act, 2006 is optional & constitutionally valid

June 3, 2022 1992 Views 0 comment Print

There is no compulsion to opt under Section 6 of the Tamil Nadu Value Added Tax Act, 2006 and it is open to a works contractor to pay taxes under section 5.

Non Filing of Income Tax Return- Court can presume culpable mental state of accused

June 2, 2022 1623 Views 0 comment Print

Section 278 (e) of the Income Tax Act, 1961, empowers the Court to presume culpable mental state of the accused, unless, the accused shows that he had no such mental state with respect to the act charged as an offence in the prosecution.

Proclamation of sale of immovable property after due notice to defaulter is justified

May 26, 2022 3465 Views 0 comment Print

IGGI Resorts International Limited Vs Tax Recovery Officer (Madras High Court) Facts- The petitioner was in arrears of income tax for a sum of Rs.29,84,56,331/- for the period prior to the year 2008. Earlier, proceedings were initiated and Tax Recovery certificate was issued on various dates (02.06.2000, 16.01.2003 and 19.03.2007) by the Tax Recovery Officer, […]

Reassessment notice dealing with question of facts, can’t be challenged before HC

May 26, 2022 1710 Views 0 comment Print

Reassessment notice under Section 148 of IT Act i.e, impugned notice if carried to its logical end, in the facts and circumstances of the case, will clearly neutralize all these arguments and the writ petitioner assessee bank will not be aggrieved in any manner.

HC quashed NFAC order passed without discussing reply to SCN filed by assessee

May 23, 2022 1881 Views 0 comment Print

Vellaian Selvaraj Vs Additional/Joint/Deputy/Asst. CIT/ITO (Madras High Court) Considering the fact that the impugned Assessment Orders have been passed without any discussion, these Writ Petitions are allowed by remitting the case back to the National Faceless Assessment Centre to pass a fresh order within a period of sixty days based on the reply filed by […]

Chance to reply by petitioner denied due to technical glitches on portal- HC Quashes Order

May 23, 2022 816 Views 0 comment Print

Chandrasekaran Ragupati Vs CBDT (Madras High Court) It is the admitted case on the part of the Revenue that, on the last date i.e., on 11.06.2021, which was given to the petitioner to reply ie., upto which the web portal of the respondent was not functioning because of technical glitches. This has been admitted by […]

Both Signature & Thumb Impression not Mandatory for A Pro-Note Under Negotiable Instruments Act

May 22, 2022 3144 Views 0 comment Print

R.Barathbaran (Died) Vs R. Nallathambi (Madras High Court) There is no mandatory provision under the Negotiable Instruments Act that both the signature and thump impression has to be obtained for a pro-note and the lower Appellate Judge has totally misguided and misused the provision of the Negotiable Instruments Act, regarding burden of proof and not […]

GST refund cannot be denied merely for Mistake in Filing GSTR-3B

May 21, 2022 10977 Views 0 comment Print

Madras HC directs sanction of refund, which was not sanctioned due to non transmission of data from GST portal to Customs portal, due to entry of wrong details in GSTR 3B by the taxpayer.

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