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Madras High Court

Section 54F deduction cannot be denied for subsequent letting of property for commercial use

September 7, 2020 2601 Views 0 comment Print

The issue under consideration is whether deduction u/s 54F can be denied for the reason that assessee had later on let out new property for commercial purpose to run restaurant?

HC Allows Issuance of ‘C’ Forms against purchase of High Speed Diesel from Suppliers in Other States

September 7, 2020 3966 Views 0 comment Print

Difficulty in obtaining ‘C’ forms under the provisions of the Central Sales Tax Act, 1956 in order to avail concessional benefit of tax for purchase of High Speed Diesel from suppliers in other states.

GST ITC Rejection through a non speaking order is bad in law

September 4, 2020 4608 Views 0 comment Print

In the present case, the petitioner had made an application for refund under Section 54 of the Act and when the respondent had issued notice to them for rejection of the ineligible goods and services of SGST, CGST and IGST, they have given a detailed reply, objecting to the All these objections were required to be dealt with by the authority, before taking a final call, which is conspicuously absent.

HC set aside Order passed on the basis of a report which was not provided to Appellant

September 3, 2020 1779 Views 0 comment Print

whether non furnishing of scrutiny report to the assessee and then passing an adverse order based on the said scrutiny report is justified in law?

Joint DGFT cannot review his own orders: HC

September 2, 2020 2322 Views 0 comment Print

Simplex Infrastructures Ltd. Vs. Union of India (Madras High Court) Joint DGFT has no powers to review his own orders in view of Section 16 of the FTDR Act. There can be no review of an earlier refund except in accordance with the provision of Section 16 of the FTDR Act, which only permits the […]

Reversal of ITC Merely by Adopting Uniform or Ad-hoc Percentage is unsustainable

September 2, 2020 9594 Views 1 comment Print

The present Writ Petitions relate to restriction of the amount of Input Tax Credit (ITC) predominantly on the head of (a) Prior sufferance of Taxes; (b) ITC on reversal on wastage; and (c) Ineligible claim of ITC on goods.

Refund of ACD on Import cannot be Rejected Merely for Missing Model Number in Sale Invoice

September 1, 2020 1215 Views 0 comment Print

The issue under consideration is whether the rejection of refund of additional custom duty merely because the model number is missing in sale invoice is justified in law?

Custom Notification Increasing Duty on Peas applicable on Retrospective Basis

August 31, 2020 897 Views 0 comment Print

The issue under consideration is whether the custom notification for increasing the duty on peas will be levied on retrospective basis or prospective basis?

HC Quashes Notification Increasing Tax Rate on Petrol & Diesel in Puducherry

August 27, 2020 954 Views 1 comment Print

the petitioner seek quashing of notification for increasing the rate of tax payable in respect of Petrol and Diesel and fixing the same at 28% and 21.8% respectively.

HC Allows Provisional Release of Seized Goods after Collection of Customs Duty

August 25, 2020 4185 Views 0 comment Print

the petitioner is seeking provisional released for the goods seized by the customs officer due to mis-declaration of the cargo in order to circumvent the import restriction imposed by the extant Foreign Trade Policy.

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