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Madras High Court

Difference of more than 1½ year between date of assessment order & dispatch date is unjustified

March 1, 2023 1575 Views 0 comment Print

Madras High Court held that there is difference of more than 1 ½ year between the date of the assessment order and date of dispatch of the assessment order. Further, order was passed without granting of personal hearing. Such impugned order is liable to be quashed.

Granting personal hearing before submission of reply is against principles of natural justice

March 1, 2023 2967 Views 0 comment Print

Madras High Court held that impugned order was passed after granting of personal hearing, however, personal hearing was granted before replies were received from the assessee is liable to be quashed on the grounds of principles of natural justice.

Assessment order passed without affording personal hearing is liable to be quashed

March 1, 2023 1485 Views 0 comment Print

Madras High Court held that it is seen from the impugned assessment order that no personal hearing has been afforded to the petitioner. Accordingly, the impugned assessment order is quashed on the ground of violation of principles of natural justice.

Writ not entertained as petitioner failed to use opportunity granted by department

February 27, 2023 1059 Views 0 comment Print

Madras High Court held that writ petition not entertained as petitioner failed to make use of opportunities granted by the department to respond to the notices.

Assessee directed to file representation for release of blocked funds w.r.t. alleged non-payment of GST and excess availment of ITC

February 25, 2023 1308 Views 0 comment Print

Assessee directed by Madras HC to file representation for release of blocked funds w.r.t. alleged non-payment of GST & excess ITC availment

Writ not entertained as impugned order was passed without violation of principles of natural justice

February 23, 2023 1914 Views 0 comment Print

Kramski Stamping and Molding Indis Private Ltd. Vs State Tax Officer (Int.) (Madras High Court) Madras High Court held that writ petition cannot be entertained as due procedure is followed by the department and there is no violation of principles of natural justice. Petitioner directed/ permitted to file a statutory appeal if aggrieved by the […]

Information vs. Information suggesting escapement of income from tax

February 21, 2023 4587 Views 0 comment Print

Dr. Mathew Cherian Vs ACIT (Madras High Court) Facts of the Case: 1. There was a survey in Kovai Medical Centre and Hospital (in short KMCH or hospital) by the officials of the Income Tax Department, on 11.2021. In the course of the survey, various documents were found and seized that, according to the respondents, […]

Direction given to submit an additional reply against notice issued u/s 174 of CGST Act

February 19, 2023 1134 Views 0 comment Print

Madras High Court directed the petitioner to submit an additional reply to the Show Cause Notice issued under section 174 of the Central Goods and Service Tax Act 2017.

Order passed without considering important submission is a non-speaking order

February 18, 2023 4698 Views 0 comment Print

Madras High Court held that assessment order passed without considering important submission by the petitioner is a non-speaking order and against the principles of natural justice. Accordingly, the assessment order is quashed and remanded back for fresh consideration.

HC stays Coercive Steps by Income Tax Dept against Education Minister in Illegal payment Case

February 18, 2023 813 Views 0 comment Print

K Ponmudi Vs ACIT (Madras High Court) The petitioner has challenged the impugned assessment order on the following grounds: a) Despite several requests made by the petitioner to the respondents, requesting them to furnish the evidence based on which they have found that M/s. SRS Mining is alleged to have paid Rs.20,00,000/- as illegal payments […]

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