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Madras High Court

HC cannot conduct a roving enquiry with reference to facts & circumstances

June 29, 2021 2610 Views 0 comment Print

M/s. NCR Corporation India Pvt. Ltd. Vs. Commissioner of GST and Central Excise (Madras High Court) The power of judicial review of the High Court under Article 226 of the Constitution of India is to scrutinize the processes through which a decision is taken by the competent authority, by following the procedures as contemplated, but […]

Madras high Court on quashing 143(2) sans GKN Driveshafts being followed

June 25, 2021 7527 Views 0 comment Print

McKinsey Global Service India Private Limited Vs ACIT (Madras High Court) 6. The contention of the petitioner is that the principles laid down by the Hon’ble Supreme Court of India, re-opening of assessment proceedings in the case of GKN Driveshafts India Ltd., Vs. ITO reported in (2003) 259 ITR 19 (SC) has not been complied […]

Alternative claim of section 10A exemption allowed on export of software & IT-enabled service

June 25, 2021 4743 Views 0 comment Print

Assessee was entitled to alternative claim of exemption on export of software and IT enabled service under section 10A by following the decision in case of 2020 (113) taxmann.com 74 (SC) [Commissioner of Income-Tax III v. Mphasis Ltd.]

Point of interception of goods is an important evidence in Customs

June 24, 2021 1509 Views 0 comment Print

Assessable person cannot be denied access to vital piece of evidence which can prove him innocent in the eyes of law by the department. Further, since this was not done, adverse inference must be necessarily drawn against the Respondent.

GST Landmark Case Law: No Reversal of ITC in Respect of Loss of Inputs During a Manufacturing Process

June 24, 2021 13671 Views 0 comment Print

ARS Steels & Alloy International Pvt. Ltd. Vs State Tax Officer (Madras High Court) GST Landmark Case Law: Hon. Madras HC – Section – 17(5)(h) of CGST Act – No Reversal of ITC in Respect of Loss of Inputs During a Manufacturing Process The petitioners are engaged in the manufacture of MS Billets and Ingots. […]

Substantial benefit under MEIS scheme cannot be denied for inadvertent human error

June 23, 2021 5958 Views 0 comment Print

HC set aside the order rejecting the claim of assessee that disentitled assessee from claiming MEIS Scheme benefits and held that, assessee will be entitled for such benefits and shipping bills reveal a clear intention of the assessee to avail benefit under MEIS Scheme and directs Revenue Department to grant consequential benefits within 8 weeks.

Income from conversion of sugarcane into jaggery is not a Agricultural Income

June 22, 2021 9267 Views 0 comment Print

E. Palaniappan Vs ITO (Madras High Court) It is not the case of the appellant/assessee that the sugarcane in its original form could not be marketed by him. The conversion of  sugarcane into jaggery is also not an essential process to make sugarcane marketable. In the decision in CIT Vs. H.G. DATE (1971) reported in […]

Section 80IA allowed to a single Industrial Unit not all the units taken together

June 21, 2021 1560 Views 0 comment Print

CIT Vs M/s. Bannari Amman Sugars Ltd. (Madras High Court) Whether on the facts and In the circumstances of the case, the Income-Tax Appellate Tribunal was right in law in holding that the assessee is entitled deduction under section 80IA of the Act, even though where a company apart from his regular business and in […]

Depreciation allowable despite claim of entire cost of Asset as application of Income by Trust

June 21, 2021 4971 Views 0 comment Print

CIT Vs Ramananda Adigalar Foundation (Madras High Court) Issue Raised Whether on the facts and in the circumstances of the case, the Tribunal was right In holding ¢hat the assessee is entitled to claim depreciation on the assets jn the form of application of income, even though cost of purchase of asset was treated as […]

Income actually accrued is taxable not the receipt

June 21, 2021 2763 Views 0 comment Print

The income that has actually accrued to the Respondent is taxable. What income has really occurred to be decided, not by reference to physical receipt of income, but by the receipt of income in reality.

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