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Madras High Court

No Slump Sale if price based on individual assets & liabilities

June 10, 2020 1965 Views 0 comment Print

The issue under consideration is whether ITAT was right in law in holding Section 50B i.e slump sale was not applicable in present case of assessee?

Stay of Demand- AO must consider prima facie case, Financial Stringency & Balance of Convenience

June 6, 2020 4602 Views 0 comment Print

The issue under consideration is the rejection of stay of demand by the assessing authority without offering an opportunity of heard is justified in law?

HC directs GSTN for migration/transition of credit

June 3, 2020 960 Views 0 comment Print

The petitioner states that since no provisional ID was received from GSTN, it proceeded to utilise an ID using random units that, admittedly, has no basis and was defective. Using this ID, business was conducted during the period 01.07.2017 to 21.08.2017 and credit was also earned.

No reassessment after 4 years in case there was no disclosure failure on the part of assessee

May 29, 2020 3465 Views 0 comment Print

AO was not justified in reopening of assessment after four years as on an independent application of mind and on thorough consideration of material aspects and legal position,there was no failure on the part of assessee.

‘Works Contract’ for fitting out any movable property into patient’s body in course of medical procedure was liable for VAT

May 28, 2020 2352 Views 0 comment Print

Works contract for fitting out or implanting of prosthetics into the physiology or the body of the patient for alleviation of pain or for improvement of the life of the patient in the course of medical/surgical procedure could be construed as ‘works contract’  liable for VAT under the provisions of the Tamil Nadu Value Added Tax  Act, 2006.

Appeal can be filed before High Court against an order of acquittal passed by a Magistrate on complaint

May 28, 2020 74742 Views 0 comment Print

As against an order of acquittal passed by a Magistrate on a complaint, an appeal will lie only before the High Court, under Section 378 (4) of Cr.PC. In such cases, the complainant has to seek for Special leave under Section 378 (5) of Cr.PC.Since the decision rendered in S. Ganapathy V. N. Senthilvel ((2016) 4 CTC 119) was per- incuriam, the consequence of this judgement which had resulted in orders being passed and which had become final / acted upon by the parties, could never be allowed to be re-opened. 

HC explains Law on Section 148 Reopening for the 2nd time

May 24, 2020 6855 Views 0 comment Print

T. Krishnamurthy Vs ITO (Madras High Court) This is a case where details of investment in shares and immovable property were not originally disclosed by the petitioner at the time of filing of the original returns under section 139 of the Income-tax Act, 1961 for the respective assessment years. Therefore, two notices under section 148 […]

TNVAT: No Purchase Tax if yearly turnover was less than Rs. 300 crores

May 19, 2020 4344 Views 1 comment Print

Liability of Purchase Tax under Section 12 of the Tamil Nadu Value-added Tax Act, 2006 was not attracted in case assessee’s turnover was also below Rs. 300 Crores during the year.

Reopening of assessment to deny Section 80IB is without jurisdiction if no failure of Assessee to disclose information during Original Assessment

May 19, 2020 1428 Views 0 comment Print

International Flavours and Fragrances India Private Limited Vs DCIT (Madras High Court) The issue under consideration is whether the notice issued u/s 147 for re-opening the assessment is justified in law? Petitioner is engaged in manufacture of flavour essences, mixed seasoning powders (dry mix) and formulated perfumery compounds etc. The petitioner started a new manufacturing […]

TNVAT: Excess ITC at year end has to be refunded, No adjustment against Future liability

May 19, 2020 3633 Views 0 comment Print

The issue under consideration that whether the Department was justified in disallowing the refund of claim on the ground that the petitioner was still in business and was adjusting the amount regularly?

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