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Madras High Court

Penalty initiation based on incorrect interpretation: HC directs consideration of appeal without insisting on deposit

December 9, 2023 546 Views 0 comment Print

Madras High Court addresses penalty proceedings in Annamalai Bus Transports vs. PCIT for AY 2018-19. No cash transaction, emphasizes fair assessment.

Priority of Charge Over Secured Creditors – City Union Bank Limited vs TRO

December 9, 2023 624 Views 0 comment Print

Madras High Court clarifies charge priority in City Union Bank vs. Tax Recovery Officer case. First charge holder’s dues have precedence over tax recovery.

HC directs CIT (A) to consider Appellant’s grounds & pass Order on merits

December 6, 2023 624 Views 0 comment Print

This HC directs CIT (A) to consider Appellant’s grounds & pass Order on merits: read our blog post to learn more about this Madras High Court judgment!

Advance Ruling disallowing Exemption for Loading, Unloading Services in Wheat Import Unsustainable

December 5, 2023 945 Views 0 comment Print

Madras High Court held that Advance Ruling holding that services of loading, unloading, packing etc., rendered in relation to the wheat imported is not entitled to exemption in terms of S.No.54(e) of Notification No.12 of 2017 is unsustainable.

Inverted duty structure refund admissible u/s 54(3)(ii) even when supplier has charged higher rate

December 4, 2023 1110 Views 0 comment Print

Madras High Court held that refund of inverted duty structure available u/s 54(3)(ii) of the GST Act even when the supplier has inadvertently charged higher rate i.e. 18% instead of applicable rate i.e. 5%.

Reopening of assessment u/s 148 unjustified as all material facts fully disclosed

December 4, 2023 1353 Views 0 comment Print

Madras High Court held that reopening of assessment u/s 148 of the Income Tax Act beyond the period of four years unjustified as all the particulars with regard to sale of agricultural land was disclosed before AO in full extent.

Madras HC Set-aside Assessment order passed in violation of principles of natural justice

December 3, 2023 3393 Views 0 comment Print

Explore the detailed analysis of Antony Alphonse Kevin Alphonse vs ITO case at Madras High Court. Uncover the assessment challenges, legal proceedings, and the court’s decision.

Seizure of imported goods: HC directs Custom authorities to consider representation of appellant

December 1, 2023 342 Views 0 comment Print

Madras High Court directs Customs authorities to review representation of Jineshwar Enterprise regarding seized imported goods. Know details of court order.

Section 245C(5) amended by Finance Act, 2021 to be read down with retrospective late date as 31.03.2021

December 1, 2023 609 Views 0 comment Print

Madras High Court held that section 245C(5) of the Income Tax Act, 1961 (as amended by the Finance Act, 2021) is read down by removing the retrospective last date of 1st date of February, 2021 as 31st day of March, 2021. All applications even in respect of cases arising between 01.02.2021 to 31.03.2021 shall be deemed to be pending application for purpose of consideration by Interim Board for settlement.

Denial of refund for non-submission of supportive documents unjustified as refund application u/s 54(1) done on time

December 1, 2023 831 Views 0 comment Print

Madras High Court held that refund cannot be denied as refund application under section 54(1) of CGST Act was made within a period of limitation, however, supportive documents were submitted at the time of personal hearing. Notably, the time limit fixed u/s. 54 (1) is directory in nature and it is not mandatory.

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