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Madras High Court

Advance from Developer cannot be treated as ‘Windfall’ gain & taxed

September 22, 2020 921 Views 0 comment Print

CIT Vs. City Lubricants Pvt. Ltd (Madras High Court) Thus, the issue pertaining to the amount of advance received by the assessee, namely, Rs.9 Crores was never the subject matter of the reopening proceedings which is sufficient to hold that the assessment order dated 25.03.2015 to be a nullity. Nevertheless, we heard the learned counsels […]

Motor Accident Claims Tribunal not empowered to entertain Claim Petition under Motor Vehicles Act

September 22, 2020 11133 Views 0 comment Print

The Cholamandalam MS General Insurance Company Limited Vs Ramesh Babu (Madras High court) In the present case, the Personal Accident Coverage Policy has been agreed between the appellant/Insurance company as well as the respondent. Rs.2,00,000/- is fixed under the Personal Accident Coverage Policy. The Tribunal has granted a sum of Rs.2,16,500/-towards compensation. The Tribunal has […]

GST-Inverted duty structure- Section 54 not violates Article 14- HC

September 21, 2020 14007 Views 0 comment Print

1) Section 54(3)(ii) does not infringe Article 14. (2) Refund is a statutory right and the extension of the benefit of refund only to the unutilised credit that accumulates on account of the rate of tax on input goods being higher than the rate of tax on output supplies by excluding unutilised input tax credit that accumulated on account of input services is a valid classification and a valid exercise of legislative power.

AO cannot reject valuation method adopted by assessee without pointing out Flaw in the same

September 21, 2020 579 Views 0 comment Print

It was submitted that when the assessee has adopted a particular method of valuation as provided under the Act and Rules and in the absence of any material that such method was adopted to defraud the Revenue, merely because the Assessing Officer is of the view that NAV method alone has to be adopted is not a ground to reject the DCF method.

Property sold during pendency of GST proceedings is Void

September 21, 2020 2274 Views 0 comment Print

High court held that since the defaulter had transferred the property in favour of his brother’s wife, by appointing his own brother as the Power Agent to act on his behalf and such a sale has happened within six months from the date of which the demand of arrears of tax was made, it can be said there are no bona fides in such a transfer.

Section 194N TDS on Cash Withdrawal Not Applicable if Sums withdrawn Not Constitutes Income of Recipient

September 18, 2020 4353 Views 0 comment Print

The issue under consideration is whether TDS on Cash Withdrawal u/s 194N is applicable even though the sums withdrawn is not constitute income in the hands of the recipient?

Settlement Commission cannot re-open its concluded proceedings by invoking section 154 to levy interest

September 15, 2020 1716 Views 0 comment Print

CIT Vs M.A. Jacob & Company (Madras High Court) The order passed on the Settlement Applications filed by the assessee is dated 07.01.2000. The second order of ITSC was passed on 19.02.2004. After those orders passed by ITSC on the issue in question, concerning the assessee, in the year 2010, the Honourable Supreme Court had […]

Extended Period of Limitation Can’t be granted if there is No Suppression of Facts by Assessee

September 9, 2020 5265 Views 0 comment Print

The issue under consideration is whether the an extended period of limitation of 5 years can be allowed to the Adjudicating Authority even if there is no suppression of facts made out against the Assessee?

Section 54F deduction cannot be denied for subsequent letting of property for commercial use

September 7, 2020 2283 Views 0 comment Print

The issue under consideration is whether deduction u/s 54F can be denied for the reason that assessee had later on let out new property for commercial purpose to run restaurant?

HC Allows Issuance of ‘C’ Forms against purchase of High Speed Diesel from Suppliers in Other States

September 7, 2020 3474 Views 0 comment Print

Difficulty in obtaining ‘C’ forms under the provisions of the Central Sales Tax Act, 1956 in order to avail concessional benefit of tax for purchase of High Speed Diesel from suppliers in other states.

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