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Madras High Court

Stay of 80% of demand granted as 20% of disputed tax, interest and penalty already recovered

April 28, 2023 2328 Views 0 comment Print

Madras High Court granted the stay in respect of 80% of the demand, as 20% of the disputed tax, interest and penalty already recovered by the department from the bank account of the petitioner.

No interest on ITC wrongly availed but not utilised

April 28, 2023 7560 Views 0 comment Print

When ITC has been wrongly availed and utilized with a revenue impact, that interest liability is attracted. Making it clear that it is only in situations where there is a revenue impact that interest will become chargeable.

Court directed CA to register a case against then President of ICAI before Competent Authority

April 27, 2023 27189 Views 0 comment Print

Madras High Court directed the Chartered Accountant, who raised several allegations against the then President of the Institute, that if he is confident about the irregularities and has materials on record to establish the allegations, he is at liberty to register a case before the Competent Authority, including the Central Vigilance Commission or the Jurisdictional Police or otherwise.

Petitioner directed to furnish pending returns in case of cancellation of GST registration

April 27, 2023 858 Views 0 comment Print

Madras High Court allowed/ directed petitioner to furnish pending returns as due to health issue GST returns were not filed continuously for period of 3 months which resulted into cancellation of registration.

Wound up company intending to clear pending Income tax dues, permitted to pay dues in installments

April 27, 2023 585 Views 0 comment Print

Madras High Court held that as the petitioner company is wound up, however, intention of petitioner for clearing the pending dues is sincere. Writ petition is allowed permitting the petitioner to pay pending dues in equal installments.

Property Tax Demand: Madras HC directs Coimbatore Municipal Corporation to pay Rs. 10 Lakhs to Cancer Institute for Non-Compliance of Order for De-sealing and Restoration of Services

April 27, 2023 894 Views 0 comment Print

HC court is mystified as to how an direction to de-seal and restore water connection could be incorporated without officer having read the same in first place.

Question of whether Transactions constitute Works Contracts or Sales cannot be undertaken in Writ Jurisdiction: Madras HC relegates to Appellate Authority

April 27, 2023 495 Views 0 comment Print

Since the question of whether the transactions in issue constitute works contracts or sales would involve an examination of the contracts as well as various other factual particulars and such an exercise cannot be undertaken in writ jurisdiction.

GST: HC sets aside Assessment Order violating Natural Justice Principle

April 27, 2023 879 Views 0 comment Print

HC held that orders of assessment suffer from violation of principles of natural justice. Correspondence between parties establishes that petitioner was co­operating with proceedings for assessment.

TDS Delay- Offence u/s 276/278- Separate notice u/s 2(35) is not necessary before issuance of SCN to consider Directors as principal officers

April 26, 2023 5268 Views 0 comment Print

Mehala Machines India limited Vs ITO (TDS) (Madras High Court) TDS Delay- Offence u/s 276/278- Separate notice u/s 2(35) is not necessary before issuance of SCN to consider Directors as principal officers The Company assessee  had deducted TDS but failed to pay  within the prescribed time. As the Petitioners (Company & directors) had delayed the […]

POA holder cannot be taxed for property sold on behalf of owner

April 24, 2023 21384 Views 0 comment Print

Madras High Court clarifies the non-applicability of capital gains tax on transactions through power of attorney, setting a precedent for future cases.

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