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Madras High Court

Mandatory pre deposit of 7.5% of demand as per amended section 35F is prospective

June 12, 2015 2037 Views 0 comment Print

Whether the receipt of Letter of Credit Margin/Trade margin by the petitioner in convertible foreign exchange for rendering service to various overseas buyers are liable to service tax under the category of “Business Auxiliary Services” as per Section 65(19) of the Finance Act.

Deduction u/s 80 IA cannot be denied if losses set off against previous year income

June 10, 2015 3533 Views 0 comment Print

The only issue before Hon’ble court is that whether assessee is entitled to claim deduction u/s 80 IA even though it have been set off losses against the profits from other sources. CIT VS. GR Thangamaligai Firm (Madras High Court)

Mere Remanding back the case by Tribunal without going into Merits not sufficient

April 30, 2015 915 Views 0 comment Print

In the case of M/s.Thirumurugan Enterprises Vs The Customs, Excise & Service Tax Appellate Tribunal, Chennai, the Hon’ble Madras High Court held that remanding back the case by Tribunal, without going into merits and asking the adjudicating authority to re-adjudicate the matter will not suffice.

No penalty for mere technical or venial breach of Law: HC

March 13, 2015 2802 Views 0 comment Print

In the case of M/s.Novel Digital Electronics Vs The Commissioner Customs (Imports), it was held by Madras High Court that penalty will ordinarily be imposed in cases where the party acts deliberately in defiance of law, or is guilty of contumacious or dishonest conduct

No Service Tax exemption to Film Actors; HC dismisses PIL

February 26, 2015 9195 Views 0 comment Print

In this case Petition was filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Declaration, declaring that Notification No.25/2012 dated 20.06.2012 (Entry 16) in so far as it provides for an exemption in respect of services provided by a performing artist in folk or classical art forms of music

Death of Authorised representative not sufficient cause for delay in Appeal Filing

February 25, 2015 2133 Views 0 comment Print

Madhu Dadha Vs. ACIT (2009) 317 ITR 458 (Mad)- In the present case, the appeal has been filed after a delay of 558 days. From the contents of the affidavit and submissions of the learned counsel for the assessee, it is clear that the assessee has not explained the delay for such a long

CIT Vs. Balaji Traders (2008) 303 ITR 312 (Mad)

February 17, 2015 4376 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that no penalty is leviable under section 271D when there has been repeated violations of section 269SS on the ground that the creditors are genuine persons and there was no revenue loss to the Exchequer

Audit initiated against service recipient cannot be a ground to reject VCES declaration of Assessee

January 21, 2015 1244 Views 0 comment Print

The Hon’ble High Court of Madras after observing that there was no audit initiated/ conducted against the Petitioner or in business premises of the Petitioner, held that: Audit of service recipient, SIPL is not relevant and the Petitioner was never put to notice before March 1, 2013;

Date of Cheque presentation or Clearing for Calculation of Interest U/s 234?

January 13, 2015 7084 Views 0 comment Print

Whether under the facts and circumstances of the case, the Tribunal was right in holding that the date of presentation of cheque in the bank is to be reckoned as the date of payment of advance tax and not the date on which the cheque is cleared and entered in the receipt roll as required under Rule 20 of the Central Government Account (Receipts and Payments) Rules 1983

TDS credit must be given to deductee even if deductor fails to pay to government

January 10, 2015 8217 Views 0 comment Print

It is not disputed that tax was deducted at source by the tenant Union Motors Services Limited and they have issued some Certificates which has been given credit to by the Department. The present dispute relates to the failure of non issuance of TDS certificates by the tenant.

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