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Madras High Court

Section 245C(5) amended by Finance Act, 2021 to be read down with retrospective late date as 31.03.2021

December 1, 2023 894 Views 0 comment Print

Madras High Court held that section 245C(5) of the Income Tax Act, 1961 (as amended by the Finance Act, 2021) is read down by removing the retrospective last date of 1st date of February, 2021 as 31st day of March, 2021. All applications even in respect of cases arising between 01.02.2021 to 31.03.2021 shall be deemed to be pending application for purpose of consideration by Interim Board for settlement.

Denial of refund for non-submission of supportive documents unjustified as refund application u/s 54(1) done on time

December 1, 2023 1497 Views 0 comment Print

Madras High Court held that refund cannot be denied as refund application under section 54(1) of CGST Act was made within a period of limitation, however, supportive documents were submitted at the time of personal hearing. Notably, the time limit fixed u/s. 54 (1) is directory in nature and it is not mandatory.

Madras HC Directs Release of Imported Gold on 100% Custom Duty Payment

November 30, 2023 969 Views 0 comment Print

Read the full text of the Madras High Court judgment in Precious Metals Refiners Pvt. Ltd. vs. Principal Commissioner of Customs. The case involves the detention of imported Gold Dore Bars misdeclared in the Country of Origin Certificate. The court directs release after 100% duty payment, resolving the dispute. Explore the legal analysis and the court’s directive for expedited adjudication.

Custom/NDPS Proceedings cannot be quashed for Typographical Error: Madras HC

November 30, 2023 1029 Views 0 comment Print

Madras High Court’s judgment on Naveen Kumar’s case involving Customs Act violations. Learn about the typographical error issue and the court’s decision. Full text of the judgment provided.

HC set aside Assessment order passed on Transferor/Non-existing Company 

November 30, 2023 561 Views 0 comment Print

Learn how the Madras High Court set aside an Assessment Order dated 09.03.2022 under Section 147 r/w Section 144 of the Income Tax Act, 1961 for the Assessment Year 2013-14 for Shapoorji Pallonji Samalpatti Operator Services Pvt Ltd

Madras HC Ruling on Gold Smuggling Abetment & Violation of Natural Justice

November 30, 2023 894 Views 0 comment Print

Explore the Madras High Court’s judgment in the case of Vikas Sharma vs Additional Commissioner of Customs, addressing penalties on a Customs Officer for abetting gold smuggling. The court examines challenges related to the denial of mandated opportunities under Section 112(a)(i) of the Customs Act, emphasizing principles of natural justice. Read the full text for an in-depth analysis and the court’s directive on seeking statutory remedies.

HC Directs GST Department to Grant Registration for Lessor & Lessee Operating in Same Premises

November 30, 2023 1461 Views 0 comment Print

GST Registration denial for Lessor and lessee running business in same premises: HC directs GST Dept to Grant GST Registration & directs petitioner-Company to demarcate the property 

Madras HC Directs Release of Gold After Custom Duty Payment

November 30, 2023 744 Views 0 comment Print

Read the full text of the judgment/order from the Madras High Court regarding the withholding of gold imported by Mudra Precious Metals Pvt. Ltd. Without customs duty payment. The court directs the release of goods after the petitioner agrees to pay 100% duty under protest. Get insights into the case and the court’s decision.

Madras HC directs department to verify & Rectify Shipping Bill Error

November 30, 2023 618 Views 0 comment Print

Explore the Madras High Court’s judgment/order in K.G.Denim Ltd. vs. Commissioner of Customs, addressing an inadvertent error in 87 shipping bills. Learn about the court’s direction to inspect documents and the timeline set for resolution.

Pendency of Income Tax adjudication proceeding is not bar to proceed with prosecution

November 30, 2023 1380 Views 0 comment Print

Discover if the pendency of an income tax adjudication proceeding is a bar to prosecution in the Madras High Court case of R. Revathy vs ACIT. Learn the legal principles & implications of the judgment & their effect on the petitioner’s case for an assessed income of Rs. 24,09,170/- for the assessment year 2012-13.

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