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Madras High Court

Liability to pay custom duty in case delay beyond the period of 12 months for re-export of imported goods

October 7, 2020 3204 Views 1 comment Print

Lahari Impex Pvt. Ltd. Vs Commissioner of Customs (Madras High Court) Conclusion: Where the goods re-imported for repair/reconditioning of the goods, when again re-exported beyond the prescribed period of one year including the extension of six months permitted in the Notification, assessee/ importer definitely became liable to pay the custom duty in question in view […]

No defamation of advocate for acting on instruction of client

October 7, 2020 6543 Views 0 comment Print

The Hon’ble Supreme Court and various High Courts has repeatedly held that an advocate, who acted professionally, as per the instruction of his/ her client, cannot be made criminally liable for offence of defamation unless contrary is alleged and established.

HC refuses to Prematurely pronounce in case related to Transfer Pricing

October 6, 2020 603 Views 0 comment Print

The issue under consideration is whether the writ petition filed against the order of DRP rather than first go for appeal before tribunal is justified in law?

Madras HC permits re-submission of Form GSTR-3B

October 6, 2020 25797 Views 0 comment Print

Sun Dye Chem Vs Assistant Commissioner (ST) (Madras High Court) A registered person who files a return under Section 39(1) involving intra-State outward supply is to indicate the collection of taxes customer-wise in monthly return in Form GSTR-1 and the details of tax payment therein are auto populated in Form GSTR -2-A of the buyers. […]

Exchange fluctuation loss related to acquiring of fixed asset was capital loss

October 5, 2020 5019 Views 0 comment Print

Continuum Wind Energe (India) Pvt. Ltd. Vs DCIT (Madras High Court) Conclusion: Amount paid towards the premium for hedging foreign exchange fluctuations was capital loss as exchange difference was required to be capitalized because liability had been incurred by assessee for the purpose of acquiring fixed asset namely plant and machinery. Held:  Assessee had file […]

Section 10A/10B deduction eligible on ‘deemed export’ to other STP unit

October 2, 2020 3021 Views 0 comment Print

Preludesys India Ltd. Vs. ACIT (Madras High Court) The first aspect that has to be considered is as to whether the Income Tax Act, 1961 deals with the concept of a ‘deemed export’. This position has been clearly explained by the High Court of Karnataka both in the case of Tata Elxsi Ltd., and in […]

No Section 40A(3) disallowance if Bank Account was Not Operational due to Attachment

October 2, 2020 1725 Views 0 comment Print

The issue under consideration is whether the disallowance under Section 40A(3) of the Act as made by the Assessing Officer is sustainable under Income Tax Act when banking facility was available but the bank account could not be operated by the very bank themselves because of an order of attachment passed by the ESI Department.

Section 54 deduction allowed on Advance paid for Purchase of Property Prior to Sale of Old Capital Asset

October 1, 2020 12093 Views 0 comment Print

The issue under consideration is whether the advance to the seller of flat prior to the date of sale of old capital asset will be eligible for claiming deduction u/s 54 under capital gains?

Notice for Demand/Recovery not sustainable if it is against SC Judgement

October 1, 2020 936 Views 0 comment Print

Jumbo Bags Ltd. Vs Deputy Commissioner (Madras High Court) The issue under consideration is whether demand or recovery notice passed against the judgement delivered by the apex court is justified law? In the instant case, the petitioner claimed exemption from payment of duty against the sales effected by them against the Domestic Tariff Area (DTA) […]

No section 50 interest on GST payment made through input tax credit

September 29, 2020 19896 Views 0 comment Print

Maansarovar Motors Private Ltd. Vs Assistant Commissioner (Madras High Court) Conclusion: Every person who is liable to pay tax in terms of the Act shall remit the tax either in cash or by way of adjustment of credit available in the Input Tax Credit (ITC) register. Where delay is made in remitting the tax, no […]

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