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Madras High Court

Disallowance of employees contribution of EPF & ESI for payment made beyond due date U/s 36(1)(va)

February 26, 2019 111192 Views 3 comments Print

Employees contribution towards EPF and ESI was rightly disallowed by AO as payment was made beyond the due date stipulated under the relevant enactment for making such payment u/s 36(1)(va)

Confiscation of consignments without valid E-way bills with No tax implication

February 26, 2019 1716 Views 0 comment Print

M/s. Caterpillar India Pvt Ltd Vs State Tax Officer (Madras High Court) According to the respondents in all writ petitions, the confiscation of the goods is perfectly in order as the petitioners have, admittedly, transported the consignments without valid E-way bills, thus violating clause (iv) of Section 130(1) above being, a contravention of the Act/Rules […]

Result analysis of Dec 2018 exam of Institute of Cost Accountants of India

February 21, 2019 4680 Views 0 comment Print

PRESS RELEASE Result declared for DECEMBER – 2018 term of examination Kolkata: The Institute conducts Foundation / Intermediate / Final Examination twice in a year i.e. in June and December. The results of December 2018 term of Examination of The Institute of Cost Accountants of India have been declared on 21/02/2019. Result Analysis of The […]

HC reduces penalty for minor lapses in E-way bill to Rs. 5000 from Rs. 18.96 Lakh

February 12, 2019 10305 Views 0 comment Print

Tvl. R K Motors Vs State Tax Officer (Madras High Court) It is also not in dispute that the bill is addressed only to the writ petitioner’s principal office at Sivakasi; delivery alone is to be made at Virudhunagar. I am of the view that even if by mistake, a wrong instruction had been given to the driver of the vehicle to head towards Sivakasi. Still it would not really matter. The only question that the respondent ought to have posed is […]

Do not detain goods / conveyances for classification disputes: Madras HC

February 1, 2019 5364 Views 0 comment Print

Madras High Court has directed Commissioner of commercial tax in the case of M/s. Jeyyam Global Foods (P) Ltd. Vs Union of India to instruct his officers not to detain goods / conveyances for classification disputes.

Reopening of assessment on mere Audit Party Opinion not valid

January 20, 2019 1446 Views 0 comment Print

M/s. Ayyan Fireworks Factory (P) Ltd. Vs Assistant Commissioner (CT)-I (FAC) (Madras High Court) Reopening of assessment on mere Audit Party Opinion without disposing Objection of Assesee is not valid The Assessing Officer has to independently record his view for such reopening if he proposes to reopen and thereafter, notice has to be issued to […]

Rejection of GST refund without considering assessee’s reply violates principles of natural justice

January 10, 2019 2301 Views 0 comment Print

Rejection of IGST refund without considering assessee’s reply and also without affording an opportunity of personal hearing was in violation of the principles of natural justice. Therefore, matter was remanded back for reconsideration to decide the refund claim on merits within the stipulated period.

Penalty not leviable If Assessee acted in terms of law prevailing at relevant point of time

January 10, 2019 750 Views 0 comment Print

CIT Vs  Chettinad Cement Corporation Ltd. (High Court Madras) n order to get over the legal embargo which permitted such expense to be allowable as a deduction, the Income Tax Act was amended and Section 35DDA was introduced by Finance Act, 2001 w.e.f 01.04.2001. Thus, in our considered view, the Tribunal was justified in setting aside […]

Return filed cannot be rejected without giving an opportunity to Assessee

January 10, 2019 852 Views 0 comment Print

Zeenath International Supplies Vs CIT (High Court Madras) Sub-Section (9) of Section 139 of the Act is beneficial  provision to the assessee, which provides them an opportunity to rectify the defects. Since  the intention being that the assessment proceedings are an outcome of dialogue and discussion, the Assessing Officer is entitled to clarify all issues by issuing notice to the assessee and calling upon them to produce […]

S. 80HHB Sub-contractor for refinery shut down outside India is a Foreign Project

January 4, 2019 639 Views 0 comment Print

M/s. SPIC Jel Engineering Vs ACIT (Madras High Court) CIT (A) had gone through the agreement and the drawings, which were enclosed as annexures and found that the nature of work carried on by the assessee, as a sub-contractor, for the refinery shut down clearly comes within the scope of foreign project, more specifically, assembly […]

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