A statutory tax charge d noidt constitute a secured interest under the Insolvency and Bankruptcy Code (IBC) therefore, the Court directed the removal of the TNVAT Department’s attachment over the corporate debtor’s property.
The case addressed an assessment order passed without considering the taxpayer’s response to the show cause notice. The Court quashed the order and allowed fresh adjudication subject to a 50% pre-deposit, emphasizing procedural fairness.
The Court held that retrospective insertion of Section 16(5) cures delayed ITC claims for earlier years. The matter was remanded for fresh verification subject to submission of supporting documents.
The issue was whether processed tobacco should be taxed as raw leaf or manufactured product. The court held it as raw tobacco to avoid unequal tax treatment for identical goods.
The Court held that the assessment confirmed without a reply warranted reconsideration. It remanded the case for fresh adjudication upon filing of response and documents.
Madras High Court held that it is not justifiable to impose disproportionate liability under section 74 of the respective GST enactments merely because Input Tax Credit was wrongly availed/ utilized. Accordingly, writ petition partly allowed.
The issue involved classification of land for capital gains taxation. The Court held that revenue records and evidence of agricultural activity prevail, making the land exempt from capital gains tax.
The Court held that where an assessment is passed ex parte, fairness requires giving the taxpayer a chance to present their case. The matter was remanded upon partial tax deposit for fresh decision on merits.
The court held that service tax paid on foreign exchange profit was not taxable and should have been refunded. It ruled that limitation cannot justify retention of wrongly collected tax.
The Court held that procedural delay in filing Form 10B should not result in denial of exemption. It emphasized that substantive benefits under Sections 11 and 12 must be granted where eligibility exists.
