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Madras High Court

No Service tax on Food Served as ‘Take Away’ or ‘Parcels’

May 20, 2021 4683 Views 1 comment Print

Explore the tax implications on take-away food sales by Anjappar Chettinad A/C Restaurant. Madras High Court judgment, expert insights, and legal analysis provided.

Writ Petition not maintainable against appealable Assessment Order

May 19, 2021 1416 Views 0 comment Print

Omkara Assets Reconstruction Private Limited Vs ACIT (Madras High Court) In view of the fact that the Assessment Order is appealable and such appeal has been filed by the petitioner, I am not inclined to consider the Writ Petition on merits. Nonetheless, in view of the fact that the main issues for consideration in such […]

State can allow certain industries to function during unless it shown that such decision was absurd to meanest mind

May 17, 2021 423 Views 0 comment Print

Workmen of Renault Vs State of Tami Nadu (Madras High Court) Workmen of Renault-Nisan, Wipro Infrastructure & MRF filed Petitions with Madras High Court & contended that the safety or health of the workment cannot be compromised to keep the units functioning. High Court Observed as follows:- Prima facie, it appears that a policy decision […]

Explanation 2(c) to Section 147 is merely to explain the scope of re-assessment

May 13, 2021 2274 Views 0 comment Print

Sanmina-SCI Technology India Private Ltd. Vs ACIT (Madras High Court) Explanation 2(c) to Section 147 will not come to the aide of the relevance as, while the income chargeable has been made subject to excessive relief, the explanation cannot override the statutory prescription of limitation as set out in the proviso to Section 147. The purpose of the […]

HC set aside order passed with pre-set mind in violation of justice

May 11, 2021 2913 Views 0 comment Print

Madras High Court quashes impugned order, remits the case to ITO for a fair review, citing violation of justice principles. Writ Petition disposed.

HC directs CIT(A) to dispose Appeal under Faceless appeal Scheme within 12 weeks

May 3, 2021 3981 Views 1 comment Print

High Court After Taking Cognizance of Delayed Disposal of Appeals under Faceless Appeal Scheme, 2020  Directed Commissioner of Income Tax (Appeals) On Account of Principles of Natural Justice To Decide Appeal Expeditiously Within 12 Weeks.

RoC cannot deactivate Director Identification Number (DIN) : HC

April 30, 2021 3867 Views 0 comment Print

Baalu Renukadevi Vs Union of India (Madras High Court) Rules 9 and 10 of Companies (Appointment and Qualifications of Directors) Rules, 2014 deals with the application for allotment of DIN. Rule 10(6) specifies that the DIN is valid for the life time of the applicant and shall not be allotted to any other person. Rule […]

Officer cannot deny Revocation of GST Registration for alleged incorrect ITC availment

April 30, 2021 2202 Views 0 comment Print

Ramakrishnan Mahalingam (Prateeksha Bharat Gas Garima Vitrak) Vs State Tax Officer (Madras High Court) An assessment would have to be made by the authority in terms of Section 73 or other applicable provision after following the procedure set out therein, and it is only in the course thereof that the officer may consider and decide […]

Religious procession cannot be prohibited /curtailed for presence of another religious group in the area

April 30, 2021 3015 Views 0 comment Print

Ramasamy Udayar Vs District Collector (Madras High Court) If religious intolerance is going to be allowed, it is not good for a secular country. Intolerance in any form by any religious group has to be curtailed and prohibited. In this case, intolerance of a particular religious group is exhibited by objecting for the festivals which […]

Submission of additional disclosure during proceedings would invalidate original application filed before Settlement Commission

April 30, 2021 783 Views 0 comment Print

Submission of additional statement of facts providing further disclosure would invalidate the original application as assessee had not filed the application with true and full disclosure. There was reason to believe that assessee had not approached the Settlement Commission with clean hands and thus, Settlement Commission had committed an error apparent and allowed the application filed by assessee in violation of the provisions of the Income Tax Act.

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