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Madras High Court

Madras HC Permits Adjustment of GST Payments Toward 10% Pre-Deposit

January 15, 2025 597 Views 0 comment Print

Where any amounts recovered or paid, including pre-deposits made in Goods and Services Tax ( GST ) appeal, the same should be reduced or adjusted against the mandatory 10% pre-deposit requirement.

Madras HC allows Final Hearing for GST Mismatch with 25% Tax Payment

January 15, 2025 252 Views 0 comment Print

During the relevant period 2018-19, assessee filed its returns and paid the appropriate, however, on scrutiny of the returns it was found that there was mismatch between GSTR 3B, GSTR 1 and GSTR 9.

Lack of opportunity of personal hearing: Madras HC remanded matter

January 14, 2025 237 Views 0 comment Print

Reliance was placed on Sree Manoj International Vs. Deputy State Tax Officer in W.P.No.10977 of 2024 where this court has remanded the matter back in similar circumstances subject to payment of 10% of the disputed taxes.

Is uploading a GST Notice on GSTN portal truly due process of law?

January 14, 2025 1038 Views 0 comment Print

Madras HC directs adherence to Section 169 of the Tamil Nadu GST Act, 2017 for valid service of notices, ensuring compliance with natural justice principles.

Exemption on Sale of Gloriosa Superba under available TNVAT in Absence of Notification u/s 8(5) of CST Act

January 14, 2025 183 Views 0 comment Print

Madras High Court held that exemption to sale of Gloriosa Superba under Tamil Nadu Value Added Tax [TNVAT] will be available to interstate transaction in absence of specific notification issued under section 8(5) of CST Act.

Two GST assessments were conducted for the same year; HC grants liberty to verify

January 13, 2025 348 Views 0 comment Print

Petitioner claimed that there are two assessment proceedings which were undertaken simultaneously for the very same period viz., 2019-20. The first proceeding commenced with the issuance of a notice dated 30.05.2023 in DRC-01A, followed by a Show Cause Notice in Form DRC-01 dated 18.07.2024 and culminated in an order dated 21.08.2024 wherein the proposal to reverse the Input Tax Credit was dropped.

Assessing Authority Must Address Objections; GST Order Exceeding SCN is Void: Madras HC

January 13, 2025 150 Views 0 comment Print

Madras HC sets aside an order exceeding the scope of a Show Cause Notice under GST, citing non-application of mind and violations of Section 75(7) of the Act.

Documents of exempted e-way bill not produced: Madras HC remanded matter

January 11, 2025 492 Views 0 comment Print

In a recent ruling Hon’ble Madras HC allowed writ petition by observing that petitioner that consolidated amount was related to invoice bills which are less than Rs. 1 Lakh and hence are exempted.

Granting opportunity of hearing not mandatory for Local Committee on High Pitched Scrutiny Assessment

January 9, 2025 747 Views 0 comment Print

Madras High Court held that Local Committee on High Pitched Scrutiny Assessment are not required to grant an opportunity of being heard as there is no provisions laid down in the SOP. Accordingly, writ dismissed.

Recredit of amount paid on reverse charge during GST transition in Electronic Credit Ledger permitted

January 9, 2025 195 Views 0 comment Print

Madras HC held that amount paid by petitioner on reverse charge basis during transition to GST regime is allowed as recredit as Input Tax Credit in Electronic Credit Ledger. Accordingly, petition allowed.

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