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Madras High Court

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

November 9, 2022 1164 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. […]

Circular no. 5/2021 should be followed while dealing with mis-match in VAT return: Madras HC

November 7, 2022 5376 Views 0 comment Print

Madras High Court held that while dealing with the assessment made on the basis of computer generated mis-match report i.e. mis-match in VAT return should be dealt with as per procedure narrated in circular no. 5/2021 dated 24.02.2021.

Show cause notice should not be with a pre-conceived & closed mind

November 6, 2022 6567 Views 0 comment Print

Mars Shipping Services Vs Commissioner of Customs (Madras High Court) As regards the show cause notice, dated 8.9.2014, it is to be noted that the respondent has followed the procedure contemplated under the Regulations after having passed an order for continuing the suspension, by proceedings dated 28.8.2014. As per Regulation 18 of the CBLR, 2013, […]

HC reduces penalty for lapsing of e-way bill for bonafide reasons

November 6, 2022 1008 Views 0 comment Print

Offence in this case is only the lapsing of e-way bill, and that too for bonafide reasons, and this offence may not be viewed very harshly. HC reduces Penalty

HC disposes petition with a direction to recompute GST interest – Section 50

November 6, 2022 1044 Views 0 comment Print

V.L.S. Fibre Vs Assistant Commissioner of GST & Central Excise (Madras High Court) Heard Ms.S.Sarojini, learned counsel for Mr.R.Anish Kumar, learned counsel on record for the petitioner and Mr.A.P.Srinivas, learned Senior Standing Counsel for R1 and R2. 2. The challenge is to a notice of demand of interest under Section 50 of the Central Goods and […]

GST registration cancelled due to inadvertent error – HC allows manual Restoration Application 

November 4, 2022 600 Views 0 comment Print

Petitioner, wishing to rectify the error, had attempted to submit an application for amendment of the registration certificate. However, while filling the application Online, the Accountant had selected ‘cancellation’ from the drop down menu instead of ‘modification’. It is thus that the impugned order has come to be passed cancelling the registration with effect from 01.05.2020.

Service tax leviable on supply of bed rolls to Railways

November 3, 2022 1317 Views 0 comment Print

Madras High Court held that service of supply of bed rolls alone for the passengers travelling in AC compartments to Railways cannot be construed as services provided by the Railways and hence service tax is duly payable on the same.

Appellate Tribunal is ultimate fact finding authority: Madras High Court

October 28, 2022 2181 Views 0 comment Print

Madras High Court held that as the Appellate Tribunal is the ultimate fact finding authority, it is incumbent on the part of the Appellate Tribunal to examine the claim on the basis of additional documents/ evidences. Accordingly, matter remanded back to Appellate Tribunal to re-examine the issue.

Proper officer cannot issue DRC-01/01A on matters not intimated to taxpayer in form ASMT 10

October 28, 2022 12153 Views 0 comment Print

Proper officer cannot proceed to issue DRC-01/01A on matters never intimated to taxpayer in form ASMT 10 pursuant to scrutiny of returns

Disclosure before criminal investigation wing cannot be treated as disclosure’ before assessing officer in assessment

October 26, 2022 1110 Views 0 comment Print

RKR. Gold P. Ltd Vs ACIT (Madras High Court) The criminal investigation wing is separate and distinct from the assessment wing and disclosure made before one wing will not exonerate the petitioner from the requirement of making a ‘full and true disclosure’ before the assessing officer in assessment. In fact, the apparent difference in the […]

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