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Madras High Court

Mere statutory approvals doesn’t sanctify genuineness of transaction

September 4, 2021 1326 Views 0 comment Print

 The onus to prove the identity, the creditworthiness and genuineness of the transaction was solely on assessee under section 68 and merely because statutory approvals had been obtained by assessee, viz., FIPB and RBI did not sanctify the transaction especially when according to AO they were all unexplained investment.

Madras High Court sets aside order questioning effectiveness of E-Proceeding facility

September 3, 2021 1650 Views 0 comment Print

DCIT Vs Salem Sree Ramavilas Chit Company Private Limited (Madras High Court)  The Deputy Commissioner of Income Tax (Appellant) has filed the current appeal against Order W.P.No.1732 of 2020. dated February 04, 2020 on the ground that the Appellant was not provided with a hearing opportunity and that the Hon’ble High Court of Madras made […]

No section 40A disallowance on Cash Payment for fish or fish product

August 31, 2021 4815 Views 0 comment Print

CIT Vs Ayshwarya Sea Food Pvt. Ltd. (Madras High Court) on facts, the Commissioner of Income Tax (Appeals) and the Tribunal held that the assessee had purchased shrimp products from a supplier at Nellore and the explanation given by them at the first instance before the Assessing Officer is that they are doing shrimp feed […]

Parallel proceedings by State & Central GST Authorities: HC explains scope of Section 6(2)(b)

August 30, 2021 5154 Views 0 comment Print

Kuppan Gounder P.G.Natarajan Vs Directorate General of GST Intelligence (Madras High Court) Let us consider the scope of Section 6(2)(b) of the Act. It contemplates that “where a proper officer under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act has initiated any proceedings on a subject matter, […]

Correctness of reasons can be decided during re-assessment proceedings and not in writ: HC

August 28, 2021 2106 Views 0 comment Print

DCIT Vs Daimler India Commercial Vehicles Private Ltd. (Madras High Court) In the present case on hand, the appellants clearly stated the reason for reopening that particular fact has not been disclosed fully and truly in the assessment proceedings and so whether the assessee had disclosed it or not, can be decided by the authorities […]

Trust Registration cannot be rejected for authorisation to administer trust to 2 Trustees

August 28, 2021 2508 Views 0 comment Print

CIT Vs Angels Educational Trust (Madras High Court) With regard to the observation of the appellant that only two of the Trustees were authorized to administer the Trust, the same was held to be not a reason to reject the case of the assessee-Trust and it is common that the day-to-day activities of a Trust […]

Technical glitches on GST Portal – HC allows filing of GST TRAN-1

August 27, 2021 5157 Views 1 comment Print

Tvl. Innovative Motors Vs The Goods and Service Tax Council (Madras High Court) This Writ Petition has been filed by the petitioner to direct the respondents to reopen the GST Portal and to allow access to the portal to enable us to file Form GST TRAN – 1. Petitioner submit that denial of legitimate claim […]

HC upheld deletion of imaginary estimation & enhancement of turnover

August 27, 2021 1458 Views 0 comment Print

CIT Vs Paul Devaraj (Madras High Court) Assessing Officer enhanced the turnover by comparing the packing material consumed by the assessee, which is incorrect and that there is an arithmetical error in the calculation done by the Assessing Officer. The Assessing Officer considered the secondary packing material as packing material consumed for the purpose of […]

Settlement Commission cannot entertain an Application during subsistence of Dispute: HC

August 26, 2021 2403 Views 0 comment Print

Great Lakes Institute of Management Ltd. Vs Customs, Central Excise and Service Tax Settlement Commission (Madras High Court) The Settlement Commission has rightly formed an opinion that the disputed issues cannot be adjudicated in an application filed to settle the issues. Thus, the spirit of provision under the Central Excise Act, in the matter of […]

GST Assessment order invalid if sufficient opportunity was not granted to petitioner

August 25, 2021 984 Views 0 comment Print

Tvl. J.F. International Vs The Commissioner of Commercial Taxes (Madras High Court) In the instant case, the objections raised by the petitioner through their various replies, in which they have reiterated that they are ready and willing to produce books of accounts, were not considered in the impugned assessment order. But the impugned assessment order […]

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