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Madras High Court

GST: Authorized representation without instructions & without verifying records is untenable

May 28, 2023 666 Views 0 comment Print

Madras High Court held that without instructions, without verifying the records, the petitioner cannot direct his representatives to appear. Accordingly, such representation is untenable in law.

Delay in issuing SCN cannot justify continuation of provisional attachment for several years

May 28, 2023 1485 Views 0 comment Print

Revenue department cannot continue attachment of bank accounts for several years under Section 83 of the CGST Act for Delay in issuing SCN 

Reversal of ITC on loss of inputs which is inherent to process of manufacturing

May 24, 2023 3936 Views 0 comment Print

Eastman Exports Global Clothing (P) Ltd. Vs Assistant Commissioner (CT) (Madras High Court) Reversal of Input Tax Credit (‘ITC’) on the loss of inputs which is inherent to the process of manufacturing The Division Bench of Hon’ble Madras High Court recently in the case of Eastman Exports Global Clothing Pvt limited Vs Asst.Commissioner of CT, Tirupur settled […]

Interest on delayed GST payment not payable on credit component

May 22, 2023 6591 Views 0 comment Print

Sri Priyanga Agencies Vs Assistant Commissioner of CGST & Central Excise (Madras High Court) In a case between Sri Priyanga Agencies and the Assistant Commissioner of CGST & Central Excise, the Madras High Court has issued a common order. The court has disposed of the main writ petition and two related Writ Miscellaneous Petitions (WMPs). […]

HC directs department to issue Section 148 notice to legal representative of Deceased Assessee

May 18, 2023 861 Views 0 comment Print

In the case of J. Kishorekumar Vs ITO, Madras High Court examines tax notices issued to deceased assessee’s legal representative, offering detailed insights into legal implications and proceedings.

HC penalises appellant for wrong claim of Issue of Notice on wrong Email ID

May 18, 2023 717 Views 0 comment Print

Explore the Madras High Court’s ruling on natural justice in re-assessment proceedings under the Income-Tax Act, 1961, addressing notice discrepancies and principles of fairness.

GST interest not payable on credit component (ITC)

May 16, 2023 19377 Views 0 comment Print

HC held that Section 50 of the GST Act can be applied demanding interest only in cases of belated cash payment towards GST, but not on input tax credit available all the while with the department to the credit of the assessee.

HC uphold cancellation of Customs Duty Exemption Certificate (CDEC) granted to Apollo Hospitals

May 13, 2023 1041 Views 0 comment Print

Madras High Court considers withdrawal of customs duty exemption for Apollo Hospitals’ imported medical equipment. Analysis of compliance with Notification No.64/88.

Assessment Order passed without due opportunity to Legal Heirs- HC remands matter back to AO

May 13, 2023 717 Views 0 comment Print

No ample opportunity was given to the legal heirs of the deceased assessee. Therefore, this Court is of the view that the order impugned in the writ petition is liable to be set aside and the matter should be remitted back to the original authority for affording due opportunity to the legal heirs of the original assessee to put forth their case.

Section 144B: Faceless Assessment – Violation of Natural justice – Matter remanded back to AO

May 13, 2023 1899 Views 0 comment Print

Chennai Port Authority Vs DCIT (Madras High Court) The learned counsel appearing for the petitioner further submitted that the petitioner’s request for personal hearing through video conferencing was not considered and the same was mechanically rejected and the impugned orders were passed, which is clear violation of principles of natural justice. In similar circumstances, this […]

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