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Madras High Court

Value of seized goods cannot be determined in a writ proceedings

January 28, 2023 774 Views 0 comment Print

Whether value of seized goods/bundles were valued between Rs. 4500 -5000 per bundle or Rs .20,000/- cannot be determined in a writ proceedings

Madras HC quashes Charge Memo against VAT Officer

January 23, 2023 867 Views 0 comment Print

M. Baskar Vs Commissioner of Commercial Taxes (Madras High Court) Petitioner cannot be held guilty for the alleged charge, in view of the fact that his assessment order passed earlier in his official capacity has once again been re-affirmed in the subsequent assessment order passed pursuant to the directions given by this Court in W.P.Nos. […]

Detention Order in Form GST MOV-06 passed after stipulated time is barred by limitation

January 18, 2023 5094 Views 0 comment Print

Detention order u/s.129(3) of GST Act is passed on eighth day from date of service of notice, whereas time line stipulated under Section 129(3) is that the order ought to be passed within a period of 7 days from the date of service of such notice

Cancelled GST registration can be restored upon fulfilment of conditions

January 17, 2023 3402 Views 1 comment Print

HC held that cancellation of GST Registration due to non-filing of returns can be revoked if assessee files pending returns and pays the taxes, fines, interest along with fee due.

Only error apparent on record can be rectified u/s 84 of TNVAT

January 17, 2023 2037 Views 0 comment Print

Madras High Court held that section 84 of Tamil Nadu Value Added Tax Act, 2006 provides for the rectification of an error apparent on record and not one which involves discussion, debate or possible multiple opinions.

Tax evasion is liable to be punished under criminal charges with substantial penalties

January 9, 2023 1260 Views 0 comment Print

Madras High Court held that as taxes are the main source of income for the Government to concentrate on the welfare of the people companies/firms/entities which evade payment of tax are liable to be punished under criminal charges with substantial penalties.

Service tax leviable on works contract service other than commercial nature rendered to Government

January 5, 2023 14475 Views 0 comment Print

Madras High Court held that works contract service other than commercial nature rendered to the Government, Local Bodies, Statutory Authorities etc. is liable to service tax.

HC dismisses writ against GST order issued without SCN as alternate remedy exist

January 4, 2023 2058 Views 0 comment Print

Suguna Automobiles Vs Assistant Commissioner (ST) (Madras High Court) K.A.Parthasarathy, learned counsel on record for writ petitioner is before this Court. Learned counsel submits that the impugned order has been made under Section 73 of ‘Central Goods and Services Tax Act, 2017‘ [hereinafter ‘C-GST Act’ for the sake of brevity, convenience and clarity]. Notwithstanding very […]

Standard of proof for rebutting presumption is that of preponderance of probabilities in Negotiable Instruments Act

January 3, 2023 9579 Views 0 comment Print

The Hon’ble Madras High Court held that it is settled law that in the case under Section 138 of NI Act Section 139 of NI Act provides that the Court shall presume that the holder of a cheque received the cheque of the nature referred into Section 138 of NI Act

Dealer cannot be compelled to carry forward ITC to GST regime instead of refund

January 2, 2023 1251 Views 0 comment Print

HC held that dealers cannot be compelled to carry forward ITC from extant regime to the Goods and Services Tax regime if the dealer chooses to avail refund instead.

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