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Madras High Court

HC dismisses Actor Suriya’s plea to waive interest on income tax

August 24, 2021 1353 Views 0 comment Print

R.S. Suriya Vs PCIT (Madras High Court) Learned counsel for the petitioner reiterated that mere possession of assests by the assessee cannot be a disqualification to consider the ground of genuine difficulty. Certainly, the learned counsel for the petitioner is right in saying so. However, the genuine difficulty as defined is the subjective satisfaction of […]

TNVAT: No reversal of ITC for input loss during manufacturing

August 24, 2021 4302 Views 0 comment Print

R. K. Ganapathy Chettiar Vs Assistant Commissioner (ST) (Madras High Court) In that case, a certain amount of input had been utilised by the assessee, whereas the input in the finished product was marginally less. VAT department proceeded to reverse the cenvat credit on the difference between the original quantity of input and the input […]

Unabsorbed depreciation can be Carried Forward beyond 8 Years

August 23, 2021 40764 Views 0 comment Print

CIT Vs KMC Speciality Hospitals India Ltd (Madras High Court) It can be said that, current depreciation is deductible in the first place from the income of the business to which it relates. If such depreciation amount is larger than the amount of the profits of that business, then such excess comes for absorption from […]

HC allows expense on Foreign Education & Training of Partner related to Business who continued after education

August 21, 2021 5184 Views 0 comment Print

Aswathanarayana & Eswara Vs DCIT (Madras High Court) Expenditure incurred by assessee-firm on partner’s foreign education was to be allowed as deduction when such education was directly related to profession carried on by firm – Madras HC Legal Provisions involved Any expenditure not being in the nature of personal expenses of the assessee laid out […]

Parties cannot be asked to approach HC to hand-hold NCLT

August 15, 2021 1089 Views 0 comment Print

It is for the NCLT to decide whether the matter before it ought to be decided or not, whether any injunction operates or impedes the progress of the matter before it and the parties cannot be asked to approach this Court for this Court to hand-hold the NCLT and guide it through its proceedings.

Reassessment after 4 year invalid if assessee disclosed all material facts during original assessment

August 13, 2021 1206 Views 0 comment Print

CIT Vs Mr. John Ettimootil Samuel (Madras High Court) 1. Sets aside reassessment framed u/s 147 after expiry of four years of assessment u/s 143(3), holding that the assessee had disclosed all material facts in the original assessment qua consideration and deemed consideration u/s 50C of the Act. 2. The Tribunal was fully justified in […]

HC allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment

August 12, 2021 900 Views 0 comment Print

REIL Electricals India Ltd. Vs Joint Secretary and ors. (Madras High Court) Madras High Court allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment Madras High Court in held that, owing to the squaring up of liability by Assessee along with interest to regularize its mistake of fraudulent entry made […]

ALP & Resultant excess profit to be treated as deemed income under ‘other sources’: HC

August 11, 2021 1620 Views 0 comment Print

Since there was close association between the seller and the buyer and their ‘arranged’ pricing were adequately substantiated by TPO / AO / CIT(A), therefore, that part of the CIT(A)’s order was upheld which confirmed in toto AO ‘s order as regards the ALP and the resultant excess profit to be treated as deemed income under ‘other sources’.

Airport Authority of India is liable to pay the Urban Land Tax

August 10, 2021 2154 Views 0 comment Print

It was held by the Supreme Court that merely because the entire share capital was subscribed by the Government of India, it did not mean that the company did not own the property in question. It was held that the company was a separate legal entity.

Proceedings by both State & Central GST Authorities allowed if subject matter is not same

August 8, 2021 2058 Views 0 comment Print

Kuppan Gounder P.G. Natarajan Vs Directorate General of GST Intelligence (Madras High Court) As far as Section 6(2)(b) of the Act is concerned, this Court is of the considered opinion that the State authorities issued a notice for intimating discrepancies in the return after scrutiny in proceedings dated 17.12.2020. The said proceedings would reveal that […]

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