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Madras High Court

Application to revise return to cure Genuine Accounting Mistake can be made within Permitted Time

December 22, 2017 1401 Views 1 comment Print

Though the Learned Special Government Pleader pointed out that it is a mistake of the Accountant and cannot be rectified, in my view, if a genuine mistake has crept-in, then, within the time permitted under the Statute, the dealer is entitled to file revised Form WW or revised return.

Assessment made without calling any specific document and and merely for non-furnishing of documents before Enforcement Wing Officials is invalid

December 20, 2017 1104 Views 0 comment Print

The Madras High Court, while quashing an assessment passed under Tamil Nadu Value Added Tax Act (TNVAT), ruled that Assessing Officer, being an Independent Authority, cannot be compelled to follow the direction of the enforcement authority and the court quashed the assessment.

TVAT: Sale of Equipments to Govt Educational Institutions attracts concessional VAT

December 20, 2017 957 Views 0 comment Print

It is also an admitted fact that no such condition has been imposed in the notification, dated 20.12.1975 that the registered dealers engaged in sale of the above said goods, have to produce ‘C’/’D’ Forms for claiming concessional rate of tax.

TNGST Act, 1959: Matter covered by certificate of settlement shall cannot be re-opened

December 16, 2017 1260 Views 0 comment Print

Section 9 of the Tamil Nadu General Sales Tax Act, 1959 is to the effect that a certificate of settlement issued under Section 8(1) of the Act shall be conclusive as to the dispute to which it relates to, and no matter covered by such certificate of settlement shall be re- opened in any proceedings of review or revision, or in any other proceeding, under the relevant Act.

TNVAT: Assessees entitled to avail benefit of input tax credit, once turnover exceeds Rs. 50,00,000/- limit from Beginning of year: HC

December 16, 2017 3003 Views 1 comment Print

M/s. Sri Murugan Agency Vs. Commercial Tax Officer (FAC) (Madras High Court) The petitioner herein opted to pay compounding tax as per section 3(4) of the Tamil Nadu Value Added Tax Act, 2006, as the assessee expected the turnover for the year 2007-08 as between Rs. 10 lakhs and Rs. 50 lakhs. The petitioner filed […]

HC dismisses Writ challenging a compounding order as Assessee has a Revisional Remedy

December 15, 2017 1323 Views 0 comment Print

Considering the fact that the petitioner has a revisional remedy as against the order dated 31.08.2015, this Court is inclined to grant one indulgence to the petitioner to pursue the revisional remedy within a time frame, failing which the respondent can take action for recovery including prosecution.

Mere Non-Filing of C Form or Defects in its declaration would not Attract Penalty

December 15, 2017 2019 Views 0 comment Print

There is no allegation of any suppression of turnover. It is only with regard to non filing of Form C declaration or certain defects in Form C declaration. Thus, it is not a case where any penalty can be levied more so when there was no proposal in the revision notice dated 28.05.2007.

Terminal Excise Duty payment is not Valid reason to deny Refund

December 14, 2017 1365 Views 0 comment Print

Explore the Ministry of Mines’ 2024 amendments to Mineral Auction Rules. Changes in bid submissions, upfront payments, and performance security.

No Sales Tax Payable on Medical Equipment’s Imported by Hospital for ‘Own Use’

November 29, 2017 897 Views 0 comment Print

In a recent ruling, the Madras High Court held that the hospital is not liable to pay Sales Tax under Tamil Nadu Value Added Tax Act in respect of import of medical equipments for its personal consumption.

HC Quashes I-T Order Against P. Chidambaram & Family & Held Reopening discriminatory

November 21, 2017 2436 Views 0 comment Print

The Madras High Court has quashed the Income Tax Assessment Orders passed against P. Chidambaram, Senior Advocate & Former Union Finance Minister, his wife Nalini Chidambaram, Senior Advocate, and his son Karthi Chidambaram. The High Court quashed the order terming it as illegal, arbitrary, and issued without following principles of natural justice.

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