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Madras High Court

HC Expunges ‘Scathing’ Remarks Against Actor Vijay

January 30, 2022 672 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 5451 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 20304 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 744 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 2481 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 14202 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 […]

HC Quashes Assessment Order Passed Without issuing SCN & Mandatory Draft Assessment order

January 11, 2022 2841 Views 0 comment Print

Considering the fact that the impugned order has been passed without issuance of a show cause notice and mandatory draft assessment order, the impugned order passed by the first respondent cannot be sustained.

God cannot be summoned by Court for inspection or verification

January 11, 2022 1155 Views 0 comment Print

S.P. Eswaramurthy Vs Government of Tamil nadu (Madras High Court) Learned counsel for the petitioners submitted that, the idol in the ancient temple called Arulmighu Paramasivan Swamy Thirukkoil, Siviyarpalayam, Kangeyam Taluk, Tiruppur District was stolen. Subsequently, that was retrieved by the Police and thereafter it was produced before the concerned Court ie., the Special Court […]

Price Parallelism & Cartelization – Madra HC dismisses plea relying on final order passed by CCI

January 6, 2022 1857 Views 0 comment Print

MRF Limited Vs Ministry of Corporate Affairs (MCA) (Madras High Court) Facts- The main allegation is that when natural rubber price increased, the tyre prices were increased in a concerted manner by the domestic major tyre manufacturers, however, when the price of natural rubber decreased, the tyre prices were not reduced by the domestic major […]

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