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Madras High Court

Tribunal to decide appeal on merits irrespective of appearance of Assessee: HC

May 31, 2019 2793 Views 0 comment Print

Smt. Ritha Sabapathy Vs DCIT (Madras High Court) We reiterate that the fact finding Tribunals should not shirk their responsibility to decide the cases on merits because the view and reasons given by such Tribunals are important for the Constitutional Higher Courts to look into while deciding the substantial questions of law under Section 260-A […]

TDS not deductible on salary to Nuns/Fathers/Priests

May 30, 2019 11625 Views 1 comment Print

The common issue which falls for consideration in these batch of cases is as to whether the respondent, the Income Tax Department, is justified in insisting upon recovery of tax at source from the salary payable to Nuns/Fathers/Priests working in various Teaching Institutions established and administered by the petitioners.

AO cannot demand 20% of disputed Tax mechanically without examining facts of case

May 29, 2019 13035 Views 0 comment Print

Uthangarai Sri Vidya Mandir Educational and Social Welfare Trust Vs ACIT (Madras High Court) In the present case, the officer proceeds to mechanically call upon the petitioner to remit 20% of the demand without examining the appropriateness of the direction to the facts and circumstances of the petitioners’ case. For this sole reason, Hon’ble High […]

No deduction u/s 48 for clearing off mortgage created by assessee prior to transfer of land

May 28, 2019 3486 Views 0 comment Print

Smt. D. Zeenath Vs ITO (Madras High Court) Conclusion: Assessee created mortgage after acquiring the property and clearing off of the mortgage debt prior to transfer of the property would not entitle her to claim deduction under section 48 as there was only a mere application by the owners themselves of the profits realized on […]

Mistake to claim deduction U/s. 80I cannot be considered U/s. 154

May 24, 2019 723 Views 0 comment Print

Lakshmi Card Clothing Mfg. Co. (P.) Ltd. Vs DCIT (Madras High Court) Facts of the case clearly show that the assessee did not make any claim for deduction under Section 80-I of the Act, for the relevant assessment year. Secondly, as pointed out by us in the preceding paragraph, while discussing about the applicability of […]

Fake GST Invoice- HC denies Anticipatory bail

May 24, 2019 1743 Views 0 comment Print

Mahendra Kumar Singhi Vs Commissioner of State Tax (High Court of Madras) Section 132 of the Act will apply with all force the moment an invoice or a bill is issued without, movement of goods or Input Tax Credit has been wrongly availed. In the present caser the preliminary investigation reveals that the entities have […]

Sec. 139(5) not applies to revised return filed as per NCLT scheme

May 22, 2019 4791 Views 0 comment Print

M/s. Dalmia Power Limited Vs ACIT (Madras High Court) a) The scheme of arrangement and amalgamation approved by the National Company Law Tribunal under Section 391 of the Companies Act gives statutory force to enable the respective petitioners to file the revised returns of income beyond the prescribed period and Section 139(5) of the Income […]

Section 179 Freezing bank accounts of director without issuing notice is invalid

May 22, 2019 4779 Views 0 comment Print

K. Chandrasekaran Vs TRO (Madras High Court) The present impugned order is put to challenge mainly on three grounds. The first ground raised is that the petitioner was not put on notice before passing the impugned order. When such contention is specifically raised by the petitioner, it is the duty of the respondent to place […]

Dehusking of Paddy to obtain Rice is ‘Manufacture’ for sec 80IA/IB deduction

May 21, 2019 3807 Views 0 comment Print

CIT Vs M/s. Muthuramalingam Modern Rice Mill (Madras High Court) Conclusion: Conversion of Paddy into Rice by the process of de-husking would amount to “maufacture” as not only the form underwent a change but also the value addition happened by such process as a different commercial article came into being and therefore, assessee was entitled […]

Section 132- No Punishment under GST without Assessment: HC

May 18, 2019 12717 Views 0 comment Print

M/s. Jayachandran Alloys (P) Ltd. Vs Superintendent of GST and Central Excise (Madras High Court) In the present case, the Department does not dispute that action was intended or envisaged in the light of Section 132 of the CGST Act, the counter fairly stating that the provisions of Section 132 of the CGST Act were […]

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