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Madras High Court

Revenue department cannot initiate assessment proceedings once moratorium order passed by NCLAT

February 17, 2023 1428 Views 0 comment Print

HC quashed assessment order and consequential recovery notice issued by Revenue Department on the grounds that no opportunity of hearing was afforded to assessee and contentions of assessee were also not considered, thus same was a violation of principles of natural justice.

Repeal will not affect rights, privileges, obligations or liability under old Act

February 17, 2023 3465 Views 0 comment Print

Madras High Court held that provisions of section 174(2) of the CGST Act states that repeal as per sub­section (1) shall not affect any rights, privileges or obligations or liability acquired, accrued or incurred under the old Act.

Provisional release application u/s 110-A directed to be filed against detention of Supari imported from Thailand

February 17, 2023 720 Views 0 comment Print

Madras High Court without expressing any opinion on merit, in the case of detention of Supari imported from Thailand, Court directed submission of an application under section 110-A of the Customs Act, 1962 for provisional release of goods.

Rejection of application u/s 125 of Customs Act on sound reasons justifiable

February 17, 2023 1920 Views 0 comment Print

Madras High Court held that rejection of application u/s 125 of the Customs Act, 1962 for release of confiscated goods on payment of redemption fine justified as the rejection was based on sound reasons.

Carry forward of unadjusted VAT TDS to GST is duly available

February 17, 2023 1272 Views 0 comment Print

Madras High Court held that it is well settled now that carry forward of unadjusted VAT TDS (TNVAT Act) to GST is duly allowed in terms of Section 140 of the TNGST Act, 2017.

Detention of goods for non-mentioning of GSTN of recipient under Bill to – Ship to transaction is unjustified

February 17, 2023 5730 Views 0 comment Print

Madras High Court held that detention of goods for mere non-mentioning of GSTN of the recipient under Bill to – Ship to transaction, without intention to avoid tax, is unjustified.

Writ petition filed before passing of final order is premature & not maintainable

February 16, 2023 1542 Views 0 comment Print

HC held that writ petition challenging SCN for reversal of ITC even before passing of final order is premature & cannot be entertained.

Assessee allowed to submit additional reply to SCN against non-payment of tax within prescribed period under SVLDRS

February 16, 2023 1104 Views 0 comment Print

Assessee allowed by HC to submit an additional reply to a SCN against non-payment of tax within prescribed period under  SVLDRS

HC allows manual application for Claim for Refund of Eligible excess ITC

February 15, 2023 1797 Views 0 comment Print

Tvl. Ramana Textiles Private Limited Vs Commissioner of State GST and Commercial Taxes (Madras High Court) The present Writ Petition has been filed seeking for a writ of Mandamus to direct the respondents to refund the eligible excess ITC amount for the month of January to March 2018, based on the petitioner’s application dated 13.02.2019 […]

Interim protection granted on condition that petitioner deposits 30% of demand amount

February 13, 2023 825 Views 0 comment Print

Madras High Court held that as petition already filed against the respondent, an interim protection is granted in favour of the petitioner on condition that the petitioner deposits 30% of the demand amount.

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