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Madras High Court

HC set-aside GST order for Violation of Natural Justice/Lack of Opportunity

September 4, 2024 249 Views 0 comment Print

Madras High Court sets aside GST attachment order for Tvl. Fashion Square, citing lack of proper notice and personal hearing. Case remanded for reconsideration.

Section 27(4) of TNVAT Act Inapplicable Without Section 27(2) order for Wrong ITC or False Documents

September 1, 2024 201 Views 0 comment Print

Sub-section (4) of Section 27 of the TNVAT Act can never be applied since the said section would apply only if an order has been passed under Section 27(2) of the TNVAT Act holding that either the assessee has wrongly availed input tax credit or he has produced false documents to support his claim of input tax credit.

Madras HC Sets Aside GST Order for not granting opportunity of personal hearing

September 1, 2024 1473 Views 0 comment Print

Madras High Court sets aside a tax assessment order against Haarine Associates, citing lack of opportunity for personal hearing and orders reconsideration.

Settlement Commission Orders Not Rectifiable Under Section 154: Madras HC

August 31, 2024 171 Views 0 comment Print

Madras HC rules Settlement Commission orders can’t be rectified under Section 154 of the Income Tax Act, upholding the principles from Brij Lal case.

Madras HC Quashes GST Order Due to No Personal Hearing

August 28, 2024 390 Views 0 comment Print

Madras HC quashes GST order against Tvl. Zen Machine Tools for lack of personal hearing. Case remanded for reconsideration, bank account attachment lifted.

Madras HC Sets Aside GST Order Due to Natural Justice Violation

August 28, 2024 360 Views 0 comment Print

Madras HC quashes GST order for Tvl. Zen Machine Tools due to lack of a hearing, remands case for fresh consideration. Bank account attachment lifted.

Commercial Tax Officer not obliged to Physically Verify E-Way Bills for Section 54 Refund Claim

August 27, 2024 648 Views 0 comment Print

As a Quasi-Judicial authority, if assessee had fulfilled all the requirements that are provided under the relevant section 54 of the Act and the circular, that by itself was sufficient compliance before passing the order of refund of the tax.

Assessment order not valid when GSTR 3B returns & comparison statements not considered

August 26, 2024 1152 Views 0 comment Print

Madras High Court directs reassessment of Murugan Metals’ GST demand, requiring 5% remittance and allowing submission of additional documents.

Assessment Order liable to be set aside if Taxpayer’s Reply Was Ignored

August 26, 2024 1176 Views 0 comment Print

Madras High Court orders reconsideration of ITC claim dispute, finding prior order ignored petitioner’s reply and evidence.

Can Seized Cash Be Refunded if a SCN Demands Its Use for Tax Liability?

August 26, 2024 534 Views 0 comment Print

Madras High Court reviews whether seized cash can be refunded if a show cause notice demands its appropriation against tax liability. Detailed case analysis included.

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