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Madras High Court

Alternative claim of section 10A exemption allowed on export of software & IT-enabled service

June 25, 2021 4926 Views 0 comment Print

Assessee was entitled to alternative claim of exemption on export of software and IT enabled service under section 10A by following the decision in case of 2020 (113) taxmann.com 74 (SC) [Commissioner of Income-Tax III v. Mphasis Ltd.]

Point of interception of goods is an important evidence in Customs

June 24, 2021 1875 Views 0 comment Print

Assessable person cannot be denied access to vital piece of evidence which can prove him innocent in the eyes of law by the department. Further, since this was not done, adverse inference must be necessarily drawn against the Respondent.

GST Landmark Case Law: No Reversal of ITC in Respect of Loss of Inputs During a Manufacturing Process

June 24, 2021 15165 Views 0 comment Print

ARS Steels & Alloy International Pvt. Ltd. Vs State Tax Officer (Madras High Court) GST Landmark Case Law: Hon. Madras HC – Section – 17(5)(h) of CGST Act – No Reversal of ITC in Respect of Loss of Inputs During a Manufacturing Process The petitioners are engaged in the manufacture of MS Billets and Ingots. […]

Substantial benefit under MEIS scheme cannot be denied for inadvertent human error

June 23, 2021 6207 Views 0 comment Print

HC set aside the order rejecting the claim of assessee that disentitled assessee from claiming MEIS Scheme benefits and held that, assessee will be entitled for such benefits and shipping bills reveal a clear intention of the assessee to avail benefit under MEIS Scheme and directs Revenue Department to grant consequential benefits within 8 weeks.

Income from conversion of sugarcane into jaggery is not a Agricultural Income

June 22, 2021 10416 Views 0 comment Print

E. Palaniappan Vs ITO (Madras High Court) It is not the case of the appellant/assessee that the sugarcane in its original form could not be marketed by him. The conversion of  sugarcane into jaggery is also not an essential process to make sugarcane marketable. In the decision in CIT Vs. H.G. DATE (1971) reported in […]

Section 80IA allowed to a single Industrial Unit not all the units taken together

June 21, 2021 1788 Views 0 comment Print

CIT Vs M/s. Bannari Amman Sugars Ltd. (Madras High Court) Whether on the facts and In the circumstances of the case, the Income-Tax Appellate Tribunal was right in law in holding that the assessee is entitled deduction under section 80IA of the Act, even though where a company apart from his regular business and in […]

Depreciation allowable despite claim of entire cost of Asset as application of Income by Trust

June 21, 2021 5217 Views 0 comment Print

CIT Vs Ramananda Adigalar Foundation (Madras High Court) Issue Raised Whether on the facts and in the circumstances of the case, the Tribunal was right In holding ¢hat the assessee is entitled to claim depreciation on the assets jn the form of application of income, even though cost of purchase of asset was treated as […]

Income actually accrued is taxable not the receipt

June 21, 2021 3051 Views 0 comment Print

The income that has actually accrued to the Respondent is taxable. What income has really occurred to be decided, not by reference to physical receipt of income, but by the receipt of income in reality.

HC Ask Hospital to approach Govt for retrospective exemption under TNVAT on diagnostic services for impatient treatments

June 18, 2021 489 Views 0 comment Print

Sree Balaji Medical College & Hospital Vs State of Tamil Nadu (Madras High Court) W.P.No.22677 of 2012 is filed for Declaration to declare that the professional services rendered by the Doctors of petitioner’s Medical College Hospital under the nature of diagnostic services on X-Ray Films, CT Scan Films, MRI Films and supply of medical gases […]

Scrutiny assessment cannot be reopened for non ratification of STPI approval by CBDT

June 16, 2021 843 Views 0 comment Print

M/s. Kone Elevators (India) Pvt. Limited Vs ACIT (Madras High Court) Undoubtedly, the assessee had not submitted the ratification certificate to be obtained from the CBDT for claiming exemption under Section 10B of the Act. However, there are certain confusions even within the Department Officials regarding production of such ratification certificate from the CBDT. The […]

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