Madras High Court quashes the tax assessment order against Kandasamy Sivaprakash, citing lack of personal hearing and violations of natural justice principles.
Madras High Court upheld the order stating cross-examination is unnecessary for statements meant to corroborate independent evidence in Annai Poly Packs case.
Assessee -cooperative marketing society limited, was subjected to revised assessments for 2008-09, 2009-10, and 2011-12. The assessments were initially deemed complete under Section 22(2) of the TNVAT Act.
Madras High Court held that once the vehicles were stopped and not operated on any public road, the tax cannot be levied. Thus, omni bus owners are not required to pay taxes to Government for the period when vehicles were not plied on public road due to COVID lock down.
Madras High Court set aside assessment orders signed by the same officer in dual capacity, citing procedural inconsistencies in S.R.S. Constructions case.
The Madras High Court ruled against conflicting orders from authorities regarding demand confirmation and reversal in Asir Automobiles case.
Madras High Court held that order is passed based on non-response to notice and hearing notice by the petitioner. Accordingly, order quashed with direction to the petitioner to deposit 25% of the disputed tax and direction to department to grant one more opportunity.
Madras High Court held that once the genuinity of the transaction is proved by the petitioner before this Court, there is no necessity for remanding the matter back to the respondents. Accordingly, addition towards unexplained investment set aside.
Madras High Court held that notice and order thereof issued for A.Y. 2021-22 instead of 2018-19 in form DRC-01 is liable to be quashed. Accordingly, matter remanded back for passing fresh order on merits.
A notice in Form DRC-01 was issued by the respondent on 28.12.2023. The petitioner filed reply to the said notice on 20.02.2024. Without affording an opportunity of personal hearing to the petitioner, the assessment order came to be passed on 26.04.2024.
