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Madras High Court

Contracts between service provider and recipient is base for levy of service tax

November 29, 2024 312 Views 0 comment Print

The respondent on the other hand is of the view that the perpetual transfers being permanent rather not temporary, the show cause notices proposing to levy tax and the impugned orders of adjudication levying tax are without jurisdiction.

Retrospective Amendment to ITC Eligibility: Insertion of Sections 16(5) & 16(6) of CGST Act 2017

November 27, 2024 1791 Views 0 comment Print

Madras High Court quashes GST orders denying Input Tax Credit (ITC) due to retrospective amendment in Section 16 of CGST Act. Relief granted to taxpayers.

Pre-deposit for GST Appeal allowed out of Electronic Credit Ledger: Madras HC

November 27, 2024 6879 Views 0 comment Print

Madras High Court allows GST pre-deposit adjustment via the Electronic Credit Ledger for appeals, clarifying legal provisions under TNGST Act.

Madras HC Sets Aside Order Over Credit Not Considered in GSTR-2A

November 27, 2024 1584 Views 0 comment Print

Madras High Court remits tax case for reconsideration due to GSTR-2A discrepancies. Order requires ₹8 lakhs payment before fresh adjudication.

Date of online appeal filing be considered as date of filing GST appeal for limitation

November 26, 2024 774 Views 0 comment Print

Kasturi & Sons Pvt. Ltd. Vs Additional Commissioner of GST & Central Excise (Appeals-1) (Madras High Court) Summary: The Madras High Court, in Kasturi & Sons Pvt. Ltd. vs Additional Commissioner of GST & Central Excise (Appeals-1) [W.P. No. 18642 of 2024], clarified that the date of online filing of a GST appeal is to […]

Amount transferred to statutory reserve as per RBI Act not deductible from assessable income

November 25, 2024 759 Views 0 comment Print

Present appeal has been filed by the appellant mainly contesting that whether the Tribunal was right in holding that there has been no diversion of income by overriding charge in respect of amount transferred to Statutory Reserve Fund in compliance with the mandatory provisions of Sec.45IC read with Sec. 45Q of RBI Act.

Mere Disagreement Doesn’t Justify invocation of Section 263 Revision Power: Madras HC

November 25, 2024 810 Views 0 comment Print

Madras High Court held that issue relating to pre-closure premium was already considered and allowed by the assessing authority. Thus, invocation of revisionary power u/s. 263 for mere disagreement with the view of the assessing authority is unjustified in law.

Assessee Granted Opportunity as Accountant Failed to Inform About Notices Before Demand Order

November 24, 2024 1143 Views 0 comment Print

Madras High Court quashes tax demand order in Diamond Cargo Movers case, allowing the petitioner to file a reply and remit 25% disputed tax.

Recovery action against directors of non-existent company not justified: Madras HC

November 23, 2024 690 Views 0 comment Print

Madras High Court held that recovery action against the Directors of the company under the provisions of the Tamil Nadu General Sales Tax Act, 1959, Central Sales Tax Act, 1956 and Revenue Recovery Act not justified since company is non-existent.

Opportunity Granted to Explain GSTR-1 & GSTR-3B Discrepancies as 75% Tax Paid

November 23, 2024 747 Views 0 comment Print

Madras High Court held that since the petitioner has already deposited 75% of the disputed tax, petitioner may be grated one final opportunity of explaining the discrepancies between Form GSTR-01 and GSTR-3B.

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