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Madras High Court

GST Order passed against Deceased Person: HC declared proceedings as Non Est

January 22, 2025 1044 Views 0 comment Print

In a recent ruling Hon’ble Madras HC set aside the order after observing that Demand Order and other notices including DRC-01 were issued against the assessee who died before the passing of the order.

HC Allows Writ with Condition of 25% Tax Deposit for Non-Compliance with GST Notice

January 22, 2025 90 Views 0 comment Print

Madras High Court directed petitioner to deposit 25% of the disputed taxes for granting an opportunity of being heard since petitioner failed to comply with the notice uploaded on GST portal. Thus, writ allowed.

VAT tax liability based on Form F containing forged signature of deceased petitioner not tenable

January 20, 2025 162 Views 0 comment Print

Madras High Court held that VAT tax liability imposed on deceased petitioner and his wife based on Form F containing forged signature of deceased petitioner and his wife is liable to be set aside. Accordingly, petition allowed.

Passing attachment order inspite of pending appeal not justified: Madras HC

January 20, 2025 288 Views 0 comment Print

Madras High Court held that passing of attachment order and debit for amount of arrears inspite of pending appeal is not justified. Accordingly, departmental officer directed to refund the amount.

Provision for leave salary not allowable as deduction u/s. 43B(f): Madras HC

January 18, 2025 1329 Views 0 comment Print

Madras High Court held that provision for leave salary is not allowable as deduction under section 43B(f) of the Income Tax Act since deduction of actual payment is allowable and not of provision. Accordingly, question of law answered in favour of revenue.

ITC claim against supplier gone into liquidation was to be adjudicated subject to deposit of 10% of disputed taxes

January 18, 2025 534 Views 0 comment Print

Assessee was a dealer in Iron and Steel, had filed its returns and paid the necessary taxes for the 2019-20 period. However, discrepancies were found, including the claim of ITC from a supplier whose taxes had not been filed.

Injunction relief can be granted by Civil Court only: Madras HC

January 17, 2025 81 Views 0 comment Print

Madras High Court held that Injunction can only be granted by the Civil Court, unless and until the said power is specifically denuded from the Civil Court and granted to any Special Court or Tribunal. The civil revision petition succeeds.

Reconsider ITC Disallowance for Delayed Claim Under Section 16(5) GST Act: Madras HC

January 17, 2025 1074 Views 0 comment Print

Madras High Court held that disallowance of input tax credit for A.Y. 2019-2020 since claims has been lodged beyond the period prescribed under Section 16(4) of the GST Acts needs re-do by taking into account newly inserted provisions of section 16(5).

Madras HC Directs 25% Payment for Personal Hearing in Fraudulent ITC availment Case

January 16, 2025 117 Views 0 comment Print

Madras High Court directed to grant an opportunity of being heard on payment of 25% of disputed taxes in the case of fraudulent availment of input tax credit on the basis of bogus invoices.

Madras HC Directs 25% Pre-Deposit on Mismatch Between Form 26AS and GSTR-2B

January 16, 2025 192 Views 0 comment Print

Madras High Court held that GST demand on account of mismatch between Form 26AS and GSTR 2B is liable to be set aside on payment of 25% of pre-deposit. Accordingly, opportunity of being heard will be granted on payment of directed pre-deposit.

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