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Madras High Court

Income from Sale of Carbon Credit is capital receipt & not business income

March 8, 2021 2010 Views 0 comment Print

CIT Vs Ambika Cotton Mills Ltd. (Madras High Court) Whether on the facts and circumstances of the case, the Tribunal was right in holding that the proceeds realized by the assessee on sale of Certified Emission Reduction Credit, which the assessee had earned on the Clean Development Mechanisam in its wind energy operations, is a […]

Pre GST Works Contracts – Enhanced GST rates shall be borne by the awarder – Madras HC

March 8, 2021 9546 Views 0 comment Print

In case of a works contractor who entered in to the contract before the introduction of GST, he is liable to pay tax applicable to the previous VAT regime only but the differential tax liability (GST) has to be   borne by the awarder.

Rectification was justified in case Tribunal’s ignorance of material on record was a mistake apparent on record

March 7, 2021 1467 Views 0 comment Print

Concerning the scope of section 254, ignoring the material already on record on the part of  Tribunal was a mistake apparent on the face of the record. Thus,  Tribunal had rightly recalled its order and rectified the mistake and it had rightly set aside the additions under Section 68. 

HC permits manual amendment in Bill of Entry when ICES portal not supports such amendment

March 5, 2021 6933 Views 0 comment Print

Hindustan Unilever Limited Vs Union of India (Madras High Court) Bill of Entry amendment in manual form when ICES portal not supports such amendment: In a case involving erroneous mention of GSTIN in the Bill of Entry, the Madras High Court has allowed manual correction. The Petitioner’s request for amendment of GSTN in Bill of […]

HC allows deduction for commission to Managing Director of Company

March 5, 2021 915 Views 0 comment Print

CIT Vs True Value Homes (India) Pvt. Ltd (Madras High Court) In this case Ashok Gupta is the Managing Director and in terms of the Board resolution is entitled to receive commission for services rendered to the company. It is a term of employment on the basis of which he had rendered service. Accordingly, he […]

HC dismisses condonation request made without submitting relevant evidence

March 3, 2021 1239 Views 0 comment Print

The present writ petition has been filed on 08.12.2020 with a delay of 1282 days. The entire blame for the delay has been placed at the door step of the tax consultant, who, according to the petitioner had prepared an appeal against the impugned order and, the petitioner believed, would file the same. The petitioner states that it could not follow up the matter with the consultant on account of severe financial losses and infighting between the partners in regard to the company’s management. No evidence whatsoever, has been placed in support of this submission and the delay of 1282 days amounting to nearly three years cannot be condoned on mere ipse dixit. Hence this Writ Petition is dismissed in limine.

Madras HC directs Govt to Facilitate uploading of Form TRAN-1

March 2, 2021 969 Views 0 comment Print

Madras High Court quashes communication rejecting GST credit claim. Petitioner’s efforts to upload details noted. Order directs Form TRAN-1 uploading within eight weeks.

Tax on ATM facilities outsourced to Banks under Tamil Nadu Sales Tax

March 1, 2021 513 Views 0 comment Print

India Switch Company Pvt. Ltd. Vs Deputy Commercial Tax Officer (Madras High Court) It is stated that the ATM’s facilities are outsourced by the banks and that the petitioner was providing a technology solution to Bank of India and United Bank of India and the terms of the agreement clearly bring the transaction within the […]

Voluntary disclosure not releases assessee from mischief of penalty proceedings

March 1, 2021 1323 Views 0 comment Print

Madras HC ruling favors Revenue in tax case revision, remanding penalty consideration to Assessing Officer for fresh review. Full judgment analysis.

HC dismisses VAT Assessment order passed merely based on report of Enforcement Wing

March 1, 2021 936 Views 0 comment Print

Next IT World Vs Assistant Commissioner (CT) (Madras High Court) The respondent in all the three impugned orders had stated that the Inspecting Officers had verified the relevant records and that they had correctly proved along with recorded evidence and that it was accepted by one Thiru.S.Kathir Rajan, who was the Managing Director of the […]

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