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Madras High Court

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

August 27, 2024 672 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 1179 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 1203 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 552 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.

TNVAT: Section 27(4) 300% penalty inapplicable for mere delayed return filing

August 26, 2024 219 Views 0 comment Print

Madras High Court rules 300% penalty under TNVAT Act Sec. 27(4) can’t be applied solely for delayed returns. Case remanded for reconsideration.

Compensation paid to ESOP holders qualifies as perquisite hence taxable as salary income: Madras HC

August 26, 2024 1056 Views 0 comment Print

Madras High Court held that compensation paid to ESOP holders qualifies as perquisite and hence taxable under the head ‘salary’. The same cannot be treated as capital receipt.

Section 78 GST Recovery Must be by Principal Commissioner not State Tax Officer

August 24, 2024 8382 Views 0 comment Print

Madras High Court rules GST recovery under Section 78 must be initiated by Principal Commissioner, not State Tax Officer, and orders refund to petitioner.

GST Order traveled beyond SCN: Madras HC Orders Reassessment & 10% Pre-Deposit

August 23, 2024 702 Views 0 comment Print

Madras HC directs reassessment of GST demand and mandates a 10% pre-deposit. The original order was beyond the scope of the show cause notice.

ITC Denial for Supplier Default; No Natural Justice Violation: HC Advises statutory Remedies

August 23, 2024 1872 Views 0 comment Print

Madras HC upholds reversal of ITC in Vijay Impex case, finds no violation of natural justice despite petitioner’s compliance with Circular No. 183.

GST Act not prohibits intelligence officers from issuing SCNs or adjudicating cases 

August 22, 2024 696 Views 0 comment Print

Madras High Court rules that intelligence officers under GST can issue show cause notices if they qualify as ‘proper officers’ under Section 2(91) of the GST Act.

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