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Madras High Court

Order passed without granting Personal Hearing violates principles of natural justice

August 21, 2020 7578 Views 0 comment Print

Jansons Industries Limited Vs State Tax Officer (Madras High Court) High Court of Madras held that orders are contrary to law insofar as they are non-speaking and have been issued in violation of principles of natural justice, despite the specific request of the petitioner for personal hearing. High Court held that The impugned orders as […]

HC Direct Commissioner to Handover Delivery Order to Petitioner

August 21, 2020 840 Views 0 comment Print

whether the commissioner is justified in withholding the delivery order for the 1×40′ container, by insisting for clearance of the dispute against the 2×20′ containers?

HC admits writ challenging 7 Year old SCN issued by Custom department

August 21, 2020 1485 Views 0 comment Print

Mr. J. Sheik Parith Vs Commissioner of Customs (Madras High Court) The only aspect that remains is to determine whether it would have been ‘possible’ for the respondents to complete such determination within the time frame fixed or whether they had been prevented from doing so by reason of an impediment or bar, justifying the […]

Interest on Bank deposits eligible for Section 10A or 10B deduction: HC

August 20, 2020 2148 Views 0 comment Print

CIT Vs. Sankhya Technologies Pvt Ltd. (Madras High Court) It has been brought to the notice of this Court that there is a judgment of the Full Bench of the Karnataka High Court, to which one of us (Dr.Vineet Kothari, J.) was a party, in which the Full Bench has held that the interest on […]

AO cannot be solely guided by proposal given by Enforcement Wing Officers

August 19, 2020 1245 Views 0 comment Print

M/s Jain Granites and Projects Pvt. Ltd. Vs Assistant Commissioner (CT) (Madras High Court) Assessing Officer cannot be solely guided by the proposal given by the Enforcement Wing Officers and that the Assessing Officer has to independently consider the same, without being influenced by such proposals of the higher officials. Some of the decisions in […]

Assessment valid if Assesee not informs about Striking off Name of Company during Assessment

August 18, 2020 3933 Views 0 comment Print

whether the Tribunal was right in remanding back to the file of AO for investigation as to whether the company was in existence at the relevant time by holding that the assessment order passed was nullity?

Order passed by Ignoring Cross Examination Request is unlawful

August 17, 2020 1590 Views 0 comment Print

The issue under consideration is whether the order passed by AO by denying the cross examination request of custom banker as well as bank officials is justified in law?

HC Restrain CG to Appoint Lawyers as Technical members to GSTAT

August 17, 2020 825 Views 0 comment Print

High Court restricted the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders.

Section 40(a)(ia) amendment is Curative & is Retrospective

August 17, 2020 2418 Views 0 comment Print

whether Tribunal is right in holding that amendment made to Section 40(a)(ia) by Finance Act, 2010 would apply retrospectively though the amendment is made with effect from 01.4.2010? 

HC restrains Govt from appointing Technical Members to GSTAT until further orders

August 17, 2020 804 Views 0 comment Print

Revenue Bar Association Vs Union of India (Madras High Court) Madras High Court restrained the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders vide its order dated 17.08.2020. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Heard Mr.Rahul Unnikrishnan, learned counsel for the appellant and […]

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