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Madras High Court

HC directs restoration of GST registration which was cancelled for non-filing of Returns

April 10, 2022 5142 Views 0 comment Print

Tvl. Alamelu Contracts Vs Commissioner of Commercial Taxes (Madras High Court) The petitioner has challenged the impugned order, dated 16.07.2019, cancelling the Goods and Services Tax Registration. The impugned order preceded the show cause notice, dated 04.07.2019. It is the specific case of the petitioner that the petitioner was not having business and therefore, the […]

Member of Indian Legal Service cannot be appointed as a Judicial Member under Benami Transaction Act

April 8, 2022 759 Views 0 comment Print

V. Vasanthakumar Vs Union of India (Madras High Court) Section 32(2)(a) of the Prohibition of Benami Property Transactions Act, 1988, postulates the qualifications for appointment of a Judicial Member and, as per the said provision, a Member of the Indian Legal Service who held the post of the Additional Secretary or equivalent post in that […]

HC deletes penalty under GST as there was no intention to evade tax

April 7, 2022 10968 Views 1 comment Print

Considering the fact that there is only a technical breach committed by the petitioner and there is no intention to evade tax, I am inclined to quash the impugned order and allow this writ petition by directing the respondent to release the vehicle and the consignment to the petitioner, if the same has not been released already.

No provision in law for lapsing of ITC available on cut-off-date of 30.06.2017

March 29, 2022 2277 Views 0 comment Print

Avatar Petro Chemicals Private Limited Vs Goods and Service Tax Council (Madras High Court) There is no provision under the provisions of the respective GST enactments for lapsing of the input tax credit and the credit availed on capital goods under the respective enactments. These credits are indefeasible. They were meant for being used for […]

Depreciation on windmills allowable despite negligibly small production of electricity

March 29, 2022 5871 Views 0 comment Print

CIT-LTU Vs Lakshmi General Finance Ltd (Merged with Sundaram Finance Limited) (Madras High Court) Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee was entitled to claim depreciation on the windmills even though the wind mills had not generated any electricity during the […]

HC dismisses petition challenging provisions allowing IPO by LIC

March 28, 2022 1194 Views 0 comment Print

L. Ponnammal Vs Union of India (Madras High Court) By this writ petition a challenge is made to Sections 128 to 146 of the Finance Act, 2021 , with an alternative prayer to declare Section 5(9) of the Life Insurance Corporation Act, 1956 and Sections 128 to 130 and Sections 132 to 146 of the […]

GST recovery during investigation is ingenious way of creating liquidity crunch: HC

March 25, 2022 9729 Views 0 comment Print

Madras HC holds that recoveries under Section 79 of the CGST Act from the customers of the taxpayer, during the course of investigation is pre-mature. Calls such measure as ingenious way of creating liquidity crunch.

GST Evasion Case: HC denies bail considering crucial stage of investigation

March 21, 2022 2664 Views 0 comment Print

Thiru. Yasar Arabath, Vs Deputy Commissioner (State Taxes) (Madras High Court) In this case there is Sufficient materials available to show the petitioner without having inward supply of goods, have issued fake invoices without actual movement and supply of. He made total cash payment of Rs.7,30,324/- only as against the Rs.5,23,66,944/-. Hence, the offence committed […]

Appeal against Section 263 order by Assessee & Assessment pursuant to such order

March 21, 2022 10680 Views 0 comment Print

Taqa Neyveli Power Company Private Limited Vs Income Tax Appellate Tribunal (Madras High Court) As has been pointed out by the learned counsel for the petitioner assessee that, once an appeal has been filed against the very revisional order under Section 263 of the Act, where date has been fixed for hearing, at least till […]

Service of Physical copy of SCN should continue till technical issues on GST portal resolved: HC

March 19, 2022 6054 Views 0 comment Print

Pushpam Reality Vs State Tax Officer (Madras High Court) The learned counsel for the petitioners submits that these impugned assessments orders have been passed either without proper service of Show Cause Notices or without giving adequate opportunity to reply to the Show Cause Notices. It is therefore submitted that the impugned orders have been passed […]

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