Follow Us:

Madras High Court

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

March 19, 2022 6138 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 […]

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

March 18, 2022 8772 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 15102 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 5088 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 5205 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 1080 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 9456 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 5253 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 2139 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 7095 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 […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031