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Madras High Court

HC directed Trial where burden to prove was on assessee that no wilful intention for not filing ITR

October 31, 2021 5223 Views 0 comment Print

Raman Krishna Kumar Vs DCIT (Madras High Court) Conclusion: Since assessee had not filed the Income Tax Return instead of receiving substantial income in the form of salary and had also indulged in high end transactions with respect to purchase and sale of mutual funds and with respect to credit card transactions, therefore, High Court […]

TNVAT: Last chance provided to Assessee for reconciliation

October 30, 2021 663 Views 0 comment Print

In present facts of the case the Division Bench of the Hon’ble Madras High Court while allowing the writ appeals have provided one more opportunity to the main petitioners to make the reconciliation of which Assessing Officer make take note of it and complete the assessment.

De novo reassessment in case of failure of respective authority to consider objections sent by assessee-dealer

October 29, 2021 2091 Views 0 comment Print

Sales tax authority should de novo do revision/reassessment under Section 27 of TNVAT Act by considering the objections of assessee-dealer and made an order as expeditiously as possible.

No TDS on commission paid to a foreign agent for service provided outside India

October 29, 2021 20595 Views 0 comment Print

Section 40(a)(i) did not contemplate order wise commission based on the order value. Consequently, the expenditure on export commission payable to non-residents for services rendered outside India became an allowable expenditure.

Statutory alternative remedy available -Writ petition cannot be entertained under Article 226

October 29, 2021 2934 Views 0 comment Print

High Court dismissed to entertain a petition pertained to reversal of input tax credit (ITC) under Section 19(4) of TNVAT Act as assessee had statutory alternative remedy to file an appeal or revision as the case may be under the Act.

TNVAT Act: Writ not maintainable if alternative remedy available

October 29, 2021 729 Views 0 comment Print

In present facts of the case, the Hon’ble Madras High Court dismissed the writ petition filed against order under Section 27 of TNVAT Act, by observing that alternate remedy is available to file appeal under Section 51 of TNVAT act as in the impugned order detailed finding on facts has been provided.

Lubricants not Excisable Goods for SVLDRS Scheme

October 28, 2021 1125 Views 0 comment Print

Indian Oil Corporation Limited Vs Commissioner of Central Excise & GST (Madras High Court) Facts- Exemption claimed by the petitioner was rejected. Thereafter, the petitioner sought settlement of dispute under the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019. However, revenue argued that lubricant figures in 4th schedule of the Act and such goods are expressly […]

Section 36 deduction permitted if expenditure is not for extension of business activity

October 28, 2021 2193 Views 0 comment Print

In the said case, the Hon’ble High Court rejected appeal of Revenue and have observed that deduction under Section 36 would be available to the assesse as the business undertaken by the assesse could not be termed as extension of its business.

Non-consideration of certain information during original assessment is valid ground for reopening of assessment

October 27, 2021 1851 Views 0 comment Print

Cognizant Technology Solutions India P. Ltd. Vs Asst.CIT (Madras High Court) Facts- Impugned notice was issued under section 148 for reopening of the assessment. The petitioner questioned the legal validity of the initiation of the reopening proceedings. Conclusion- If the Assessing Officer has reason to believe that the particular issue has not been considered or […]

GST: Opinion under Section 83 should be strictly based upon material facts

October 26, 2021 1758 Views 0 comment Print

The case of the petitioner is that the impugned attachment under Section 83 of the CGST Act is without any statutory sanction as it is consequent upon action under Section 67 of the Act, which deals with the power of the authorities to engage in inspection, search and seizure. The scope of Section 87 is wholly based upon the ‘opinion’ of the concerned Commissioner to the effect that the interests of the revenue were to be safeguarded and sanctioning coercive recovery proceedings of the nature of bank attachment in a particular case.

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