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Madras High Court

Rejection of Claims of Sales or Returns Merely on the Assumption of Failure to Produce Documentary Evidence Not Justified

November 2, 2020 2367 Views 0 comment Print

The issue under consideration is whether officers can reject claims of sales or returns merely on the assumption of failure to produce documentary evidence? HC is of the view that the exercise of reconciliation has not been conducted in the manner as required by law. The impugned assessments are thus set aside.

Anti-Profiteering Investigation Notice cannot be issued without DGAP report

October 29, 2020 1023 Views 0 comment Print

Madras High Court states that Notice for Anti-Profiteering Investigation can’t be issued without a report of Director General of Anti-Profiteering (DGAP) followed by the order of the National Anti-Profiteering Authority (NAA).

Section 12A exemption cannot be denied without considering merits of the case

October 29, 2020 5664 Views 0 comment Print

Thanthi Trust Vs DIT (Madras High Court) Whether the Tribunal was right holding that the appellant trust is not eligible for exemption under Section 12A of the Income Tax Act, 1961 without considering the merits of the case in a proper manner? In the case on hand, there is no allegation that the assessee Trust […]

HC rejects excise duty claim under Section 11B of Chennai Petroleum

October 28, 2020 972 Views 0 comment Print

Chennai Petroleum Corporation Ltd. Vs Commissioner of GST & Central Excise (Madras High Court) (a) The scheme of the Act contained in Section 11B of the Act read with other relevant provisions of the Central Excise Act as it then prevailed before the introduction of GST regime with effect from 1 July 2017, with regard […]

Compliance of GST (Compensation to States) Act, 2017 is Not Mandatory

October 28, 2020 1302 Views 0 comment Print

G. Sundarrajan Vs Union of India (Madras High Court) The issue under consideration is whether compliance of Goods and Services Tax (Compensation to States) Act, 2017 is mandatory? High Court states that, the mere employment of the word ‘shall’ in Section 7(1) of the Goods and Services Tax (Compensation to States) Act, 2017 cannot be […]

Prosecution can be launched before Income Tax Assessment completion : HC

October 28, 2020 5742 Views 0 comment Print

Prosecution proceedings were separate and distinct from the assessment or re­assessment proceedings. There was no requirement under the Act that the assessment proceedings should be completed before launching prosecution. HC refused to quash prosecution for the compounding of offense under Section 276C(1) of Income Tax Act.

No TDS u/s 194I on Payment for Acquisition of Leasehold Rights over Immovable Property

October 16, 2020 29514 Views 0 comment Print

The issue under consideration is whether payment for the acquisition of leasehold rights over immovable property is rental income and hence eligible for TDS u/s 194I ?

HC dismissed WP Filed against Credit Rating Agency as it is Private Body & Not ‘State’ as per Constitution

October 16, 2020 2184 Views 0 comment Print

The issue under consideration is whether the writ petition filed against credit rating agency by stating that they are not authorised to discharge “Public Functions” as it is not characterised as ‘State ‘ will be sustain in law?

ITC of Education Cess, SHEC & KKC cannot be claimed against GST: HC

October 16, 2020 16449 Views 0 comment Print

Assistant Commissioner of CGST and Central Excise Vs Sutherland Global Services Private Limited (Madras High Court) Whether the Assessee is entitled to utilise and set off the accumulated unutilised amount of Education Cess (EC), Secondary and Higher Education Cess (SHEC) and Krishi Kalyan Cess (KKC), all jointly referred to as the “Cess” against the Output […]

HC set aside Tribunal order for failure to records that finding of AO was erroneous

October 16, 2020 2814 Views 0 comment Print

Court under Section 260A would not interfere with the Tribunal’s finding of fact could not be applied to the facts of case because the Tribunal did not record any finding of fact that the finding of fact recorded by AO was erroneous and not borne out by records. Thus, the order passed by Tribunal for not calculating the undisclosed income was set aside

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