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Madras High Court

AO cannot demand 20% of disputed Tax mechanically without examining facts of case

May 29, 2019 13803 Views 0 comment Print

Uthangarai Sri Vidya Mandir Educational and Social Welfare Trust Vs ACIT (Madras High Court) In the present case, the officer proceeds to mechanically call upon the petitioner to remit 20% of the demand without examining the appropriateness of the direction to the facts and circumstances of the petitioners’ case. For this sole reason, Hon’ble High […]

No deduction u/s 48 for clearing off mortgage created by assessee prior to transfer of land

May 28, 2019 3969 Views 0 comment Print

Smt. D. Zeenath Vs ITO (Madras High Court) Conclusion: Assessee created mortgage after acquiring the property and clearing off of the mortgage debt prior to transfer of the property would not entitle her to claim deduction under section 48 as there was only a mere application by the owners themselves of the profits realized on […]

Mistake to claim deduction U/s. 80I cannot be considered U/s. 154

May 24, 2019 1029 Views 0 comment Print

Lakshmi Card Clothing Mfg. Co. (P.) Ltd. Vs DCIT (Madras High Court) Facts of the case clearly show that the assessee did not make any claim for deduction under Section 80-I of the Act, for the relevant assessment year. Secondly, as pointed out by us in the preceding paragraph, while discussing about the applicability of […]

Fake GST Invoice- HC denies Anticipatory bail

May 24, 2019 2178 Views 0 comment Print

Mahendra Kumar Singhi Vs Commissioner of State Tax (High Court of Madras) Section 132 of the Act will apply with all force the moment an invoice or a bill is issued without, movement of goods or Input Tax Credit has been wrongly availed. In the present caser the preliminary investigation reveals that the entities have […]

Sec. 139(5) not applies to revised return filed as per NCLT scheme

May 22, 2019 5025 Views 0 comment Print

M/s. Dalmia Power Limited Vs ACIT (Madras High Court) a) The scheme of arrangement and amalgamation approved by the National Company Law Tribunal under Section 391 of the Companies Act gives statutory force to enable the respective petitioners to file the revised returns of income beyond the prescribed period and Section 139(5) of the Income […]

Section 179 Freezing bank accounts of director without issuing notice is invalid

May 22, 2019 5178 Views 0 comment Print

K. Chandrasekaran Vs TRO (Madras High Court) The present impugned order is put to challenge mainly on three grounds. The first ground raised is that the petitioner was not put on notice before passing the impugned order. When such contention is specifically raised by the petitioner, it is the duty of the respondent to place […]

Dehusking of Paddy to obtain Rice is ‘Manufacture’ for sec 80IA/IB deduction

May 21, 2019 4134 Views 0 comment Print

CIT Vs M/s. Muthuramalingam Modern Rice Mill (Madras High Court) Conclusion: Conversion of Paddy into Rice by the process of de-husking would amount to “maufacture” as not only the form underwent a change but also the value addition happened by such process as a different commercial article came into being and therefore, assessee was entitled […]

Section 132- No Punishment under GST without Assessment: HC

May 18, 2019 13560 Views 0 comment Print

M/s. Jayachandran Alloys (P) Ltd. Vs Superintendent of GST and Central Excise (Madras High Court) In the present case, the Department does not dispute that action was intended or envisaged in the light of Section 132 of the CGST Act, the counter fairly stating that the provisions of Section 132 of the CGST Act were […]

Assets received by retiring partners through family arrangement on reconstitution of firm not attracts capital gain tax

May 14, 2019 4050 Views 0 comment Print

Assets received by the retiring partners of a firm through family arrangement did not amount to ‘transfer’ for the purpose of imposing capital gain, and therefore, the reconstitution of firm would not attract Section 45(4).

IGST Refund cannot be denied on account of Technical Glitches

May 12, 2019 5040 Views 0 comment Print

Vsg Exports Pvt Ltd Vs. Commissioner of Customs (Madras High Court) Facts Refund of Integrated Tax (IGST) paid on the goods exported out of India. Since the respondents did not refund the IGST amount, the Writ Petition was filed. According to the petitioner, they have claimed lower rate drawback as per Notification 131/2016(NT) , dated […]

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