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Madras High Court

Personal use of Mobile phones in Govt Offices tantamount to Misconduct & Indiscipline- strict action imperative

March 18, 2022 8652 Views 0 comment Print

D. S. Radhika vs. The State of Tamilnadu & others (Madras High Court) It is common knowledge that people of all ages, groups, background, regions, states, cities & villages in our country are obsessed with mobiles. This obsession has increased with free calls, free messages, free whatsApp, free twitter, free Facebook, free unlimited mobile data […]

HC quashes Assessment order passed without issuing GST DRC-1 Notice

March 13, 2022 15012 Views 0 comment Print

V.R.S. Traders Vs Assistant Commissioner (State Taxes) (Madras High Court) As per section 74 of CGST Act, 2017 the first step, if the revenue wants to initiate proceedings under Section 74, has to serve a notice to pay the amount of tax along with interest payable under Section 50 and a penalty equivalent to 15% […]

Application of Doctrine of Necessity in Quasi Judicial Cases – Refund of Service tax in GST Regime

March 11, 2022 5034 Views 3 comments Print

The Honorable Madras High Court allowed Credit of Service Tax Paid under RCM which could not be availed as Transitional Credit under GST following the Principle of Doctrine of Necessity.

TNVAT: Right to Appeal against rectified Assessment Order cannot be denied- HC

March 6, 2022 5127 Views 0 comment Print

S. Sengodan Vs Appellate Deputy Commissioner (ST) (Madras High Court) If a review application was dismissed, the petitioner would have been entitled to file a statutory appeal against the original order of assessment and pray for exclusion of time taken in pursuing the application under section 84 by virtue of Section 14 of the Limitation […]

Section 43B: HC Directs AO to determine If IL&FS is a Public Institution

March 6, 2022 1068 Views 0 comment Print

CIT Vs Tamil Nadu Water Investment Co. Ltd. (Madras High Court) The main contention of the learned counsel for the appellant / Revenue is that the Tamil Nadu Government may not be a Public Financial Institution but M/s. Infrastructure Leasing and Financial Services limited is a Public Financial Institution and therefore, the interest payment not […]

Income from Sub-leasing of properties – Business or House Property?

March 5, 2022 9375 Views 0 comment Print

Whether Income from Sub-leasing of properties will be considered as Income from Profits and Gain from Business or Profession (Section 28) or Income form House Property (Section 22).

An Amount cannot not be excluded from Considerations merely for retention in Escrow account

February 25, 2022 5190 Views 0 comment Print

Caborandum Universal Limited Vs ACIT (Madras High Court) On facts, when we examine the Business Sale Agreement, it is not disputed by the parties that the full and final consideration is Rs.325,000,000/- after having agreed upon the full and final consideration, the parties agreed to retain a particular amount of money in an Escrow account […]

If sworn statements not going to be used against Assessee than he need not cross-examine such individuals

February 25, 2022 2124 Views 0 comment Print

SRS Mining Vs DCIT (Madras High Court) In the considered view of this Court, stated position of the Revenue, which has been captured supra more particularly, the stated position that the sworn statements are not going to be used against the writ petitioner as set out in the counter affidavit and as captured in this […]

Mere failure to pay tax will not constitute offence under Section 276C(2)

February 23, 2022 6987 Views 0 comment Print

S.P. Velayutham Vs ACIT (Madras High Court) Mere failure to pay the tax in time without any intention or deliberate attempt to avoid tax in totality or without any mens rea to avoid the payment, the word employed ‘wilful attempt’ cannot be inferred merely on failure to pay tax in time. If the intention of […]

HC directs restoration of GST registration on payment of tax, penalty & uploading of returns

February 21, 2022 12246 Views 0 comment Print

Tvl. Suguna Cutpiece Center Vs The Appellate Deputy Commissioner (ST) (GST) (Madras High Court) These Writ Petitions pertain to the challenge to the cancellation of GST Registrations issued to the petitioners under the provisions of the Tamil Nadu Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017. Some of the […]

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