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Madras High Court

Transition of ITC cannot be denied merely for technical difficulties

May 9, 2022 2406 Views 0 comment Print

Vetrivel Explosives Pvt. Ltd. Vs Union of India (Madras High Court) Judgement The Madras High Court has held that credit which remained unutilized on the date of accident in the regular returns filed by the Petitioner, shall be allowed to the Petitioner either by way of suitable credit entry in the electronic cash register of […]

Questions raised during Remand Proceedings Inter-Connected with First Notice cannot be considered as new proposals

May 9, 2022 639 Views 0 comment Print

The show cause notice is challenged on the ground that apart from the demands proposed in the earlier proceedings, there were proposals in the impugned order dated 20.12.2019.

Release Seized Goods on receipt of Bank Guarantee – HC directs GST Dept

May 7, 2022 2109 Views 0 comment Print

Tvl. Asian Paints Limited Vs Assistant Commissioner (ST) (Madras High Court) This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the first respondent herein to accept the bank guarantee equivalent to the disputed penalty amount of Rs.25,86,662/- in accordance with the provisions of Section 129(1)(c) of the CGST Act, […]

Suppression of community, for availing employment related benefit, is bad in law

May 6, 2022 732 Views 0 comment Print

Indira Gandhi Centre for Atomic Research Vs Shri. D. Ganesan (Madras High Court) Facts- The short question that arises for consideration is whether the 1st respondent who has admittedly submitted a fake/ false certificate as belonging to Scheduled Caste (SC) Community, though the 1st respondent admittedly belonged to Back ward Class (BC) and thereby enjoying […]

Interest payable on belated payment of GST: Madras High Court

May 5, 2022 13281 Views 0 comment Print

Srinivasa Stampings Vs Superintendent of GST and Central Excise (Madras High Court) Interest has been demanded on the net tax liability of the petitioner on account of belated payment of tax during the aforesaid period under Section 50(1) of the CGST Act, 2017. Since tax was paid by the petitioner belatedly, petitioner is liable to […]

Failure to comply with Section 156 demand notice makes Assessee liable for interest for belated period

May 4, 2022 8886 Views 0 comment Print

Ravikumar Dhandhania Vs ITO (Madras High Court) The petitioner seeks waiver of Section 220(2A) interest under on account of the fact that the petitioner has paid the tax and the interest under Sections 234A, 234B & 234C of the Income Tax Act, 1961. Sub Section (2A) to of Section 220(2A) is an exception to Sub […]

Initiation of Criminal Proceedings by suppressing facts by I-T Dept is abuse of power

May 2, 2022 1272 Views 0 comment Print

Suppression of material facts, intentional suggestion of falsehood and non-application of mind goes to show that, this is a malicious prosecution initiated by the Income Tax authorities by abusing the power. When the malafide is patently manifested, the petitioners need not be forced to undergo the ordeal of trial, which has no legs to stand.

Limitation period would be 3 years from tax date of receipt of tax that has been retained by Revenue

May 1, 2022 5814 Views 0 comment Print

State of Tamil Nadu Vs Everest Industries Limited (Madras High Court) It is useful to refer to the Judgment of the Apex Court in A. Venkata Subbarao v. State of A.P., (1965) 2 SCR 577 : AIR 1965 SC 1773 while dealing with the claims relating to tax that was illegally retained. In the above […]

Section 138 of NI Act- Accused May Examine Complainant as A Witness to Disprove His Case

May 1, 2022 62856 Views 0 comment Print

S.M.D.Mohamed Abdul Khader Vs Muniswari (Madras High Court) The Honourable Supreme Court of India held that when the accused had taken specific stand that the complainant had no source of income to lend such a huge sum, the accused can very well prove the same by cross-examination, witnesses and materials. In this regard, the Honourable […]

Refund of accumulated IGST – Zero Rated Supply

April 29, 2022 4257 Views 0 comment Print

ATC Tires Private Limited Vs Joint Commissioner of GST & Central Excise (Appeals) (Madras High Court) The purpose of granting refund on zero rated supply is to ensure that the exports are competitive in the international market and such transactions are not burdened with taxes. The export by the petitioner from its SEZ unit in […]

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