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Madras High Court

‘High Speed Diesel Oil’ includible as commodity in CST registration certificate

October 9, 2020 2553 Views 0 comment Print

Sri Siva Saravana Blue Metals Vs  Assistant Commissioner (ST) (Madras High Court) The Appellant State and the Revenue Authorities are directed not to restrict the use of ‘C’ Forms for the inter-State purchases of six commodities by the Respondent/Assessees and other registered Dealers at concessional rate of tax and they are further directed to permit […]

HC: Section 2(22)(e) Deemed dividend not to be assessed in the hands of partnership firm

October 9, 2020 3741 Views 0 comment Print

Section 2(22) (e) would stand attracted when a payment is made by a company, in which public are not substantial interested by way of advance or loan to a share holder, being a person who is the beneficial owner of the shares. Thus, deemed dividend under Section 2(22) (e) is to be assessed in the hands of the shareholder and not in the hands of the partnership firm.

No reopening of Assessment after 4 Year if no failure of Assessee in disclosing relevant facts

October 9, 2020 2679 Views 0 comment Print

CIT Vs Sterling Tree Magnum India Ltd. (Madras High Court) Learned Tribunal has categorically held that there was no failure on the part of the assessee, but disclosed the relevant facts and therefore, merely on the basis of the audit objection or change of opinion and re-assessment under Sections 147 & 148 of the Income […]

ROC cannot Deactivate DIN of Director for Disqualification in Any Company

October 9, 2020 6744 Views 0 comment Print

The issue under consideration is whether the ROC is correct and empowered to deactivate the Director Identification Number (DIN) of the director due to his disqualification in one company?

Liability to pay custom duty in case delay beyond the period of 12 months for re-export of imported goods

October 7, 2020 3579 Views 1 comment Print

Lahari Impex Pvt. Ltd. Vs Commissioner of Customs (Madras High Court) Conclusion: Where the goods re-imported for repair/reconditioning of the goods, when again re-exported beyond the prescribed period of one year including the extension of six months permitted in the Notification, assessee/ importer definitely became liable to pay the custom duty in question in view […]

No defamation of advocate for acting on instruction of client

October 7, 2020 6783 Views 0 comment Print

The Hon’ble Supreme Court and various High Courts has repeatedly held that an advocate, who acted professionally, as per the instruction of his/ her client, cannot be made criminally liable for offence of defamation unless contrary is alleged and established.

HC refuses to Prematurely pronounce in case related to Transfer Pricing

October 6, 2020 702 Views 0 comment Print

The issue under consideration is whether the writ petition filed against the order of DRP rather than first go for appeal before tribunal is justified in law?

Madras HC permits re-submission of Form GSTR-3B

October 6, 2020 26478 Views 0 comment Print

Sun Dye Chem Vs Assistant Commissioner (ST) (Madras High Court) A registered person who files a return under Section 39(1) involving intra-State outward supply is to indicate the collection of taxes customer-wise in monthly return in Form GSTR-1 and the details of tax payment therein are auto populated in Form GSTR -2-A of the buyers. […]

Exchange fluctuation loss related to acquiring of fixed asset was capital loss

October 5, 2020 5322 Views 0 comment Print

Continuum Wind Energe (India) Pvt. Ltd. Vs DCIT (Madras High Court) Conclusion: Amount paid towards the premium for hedging foreign exchange fluctuations was capital loss as exchange difference was required to be capitalized because liability had been incurred by assessee for the purpose of acquiring fixed asset namely plant and machinery. Held:  Assessee had file […]

Section 10A/10B deduction eligible on ‘deemed export’ to other STP unit

October 2, 2020 3408 Views 0 comment Print

Preludesys India Ltd. Vs. ACIT (Madras High Court) The first aspect that has to be considered is as to whether the Income Tax Act, 1961 deals with the concept of a ‘deemed export’. This position has been clearly explained by the High Court of Karnataka both in the case of Tata Elxsi Ltd., and in […]

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