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Madras High Court

Reopening of assessment on Mere audit opinion not valid

November 28, 2022 3894 Views 0 comment Print

Mobis India Limited Vs DCIT (Madras High Court) Hon’ble Supreme Court way back in 1979, in Indian and Eastern News Paper Society, put the issue beyond any pale of doubt by holding that the opinion on law rendered by an audit party cannot be the basis for exercising the power of reassessment. Evaluation of law […]

Madras HC directs Department to Process ITC Claim Rejected Solely on the Basis of Inadvertent Error

November 24, 2022 3411 Views 0 comment Print

HC ruled in favor of assessee by directing department to process Input Tax Credit claim that were previously rejected solely on the ground of inadvertent error.

Tamil Nadu VAT: Penalty under Section 27(3) is not automatic

November 24, 2022 3927 Views 0 comment Print

Sayar Cars Vs Appellate Deputy Commissioner (CT) Commercial Taxes Building (Madras High Court) It is an admitted position that none of the assessment orders or, for the matter, the show cause notices, reveal any application of mind to the aspect of wilful suppression. The officer merely proceeds on the fact that there was a difference […]

DGFT doesn’t have power to amend FTP policy

November 23, 2022 1677 Views 0 comment Print

Madras High Court held that DGFT has powers to only clarify the doubts raised as to the interpretation of Policy and doesnt have powers to amend the FTP policy. Accordingly, 100% EOU eligible for benefits of availing SHIS.

Forfeiture of property unsustainable in absence of nexus between income of detenue & acquisition of property

November 16, 2022 1866 Views 0 comment Print

Madras High Court held that order directing forfeiture of property u/s. 7 of the Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is unsustainable as link or the nexus between the income of the detenue and the acquisition of the property is not established.

No section 11 tax exemption if educational institutions collects Capitation Fee: Madras HC

November 15, 2022 3582 Views 0 comment Print

The Honble Madras High Court observed that Juxtaposing the provisions of both the Acts viz., Income Tax Act, 1961 and the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992, with each other, it is explicit that collection of any amount in excess of what has been prescribed as fee or in the nature of donation or voluntary contribution either directly or indirectly to the institution or through some other person or institution or trust, as quid pro quo for the seat in any educational institution, would render the activity of both the entities ungenuine.

Compassionate appointment application post several years from death of deceased employee is impermissible

November 14, 2022 3054 Views 0 comment Print

Madras High Court held that an application seeking compassionate appointment lapsed several years from the death of the deceased employee is not allowable

Differential liability under Highways and Public Works post GST should be computed as per Govt. orders

November 12, 2022 2631 Views 1 comment Print

Madras High Court held that for contract entered prior to 01.07.2017 under National Highways and Public Works Department differential tax liability is to be computed as per Government Orders and any recovery affected from the contractor contrary to the methodology will be refunded.

Indirect involvement liable for prosecution u/s. 3 of Prevention of Money Laundering Act, 2002

November 9, 2022 708 Views 0 comment Print

Madras High Court held that even if the accused was not involved in the criminal activity that generated the proceeds of crime, but, if he is involved in some way or the other with the proceeds of crime so generated, he would be liable to be prosecuted under Section 3 read with 4 of the Prevention of Money Laundering Act.

Negotiable Instruments Act, Section 138/141 proceeding against a corporate debtor is covered under IBC 2016

November 9, 2022 1143 Views 0 comment Print

G. Ajay Agarwal Vs Bhagwandas and Co. (Madras High Court) The question as to whether by operation of provision of I&B Code, the criminal prosecution initiated under Section 138 r/w 141 of Negotiable Instruments Act, r/w 200 of Cr.P.C can be terminated, is no longer res integra in view of Apec Court judgment in P. […]

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