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Madras High Court

Information relating to income tax returns & balance sheets of an individual, not a public documents

April 12, 2023 828 Views 0 comment Print

K.Chiranjeevi Vs Union of India (Madras High Court) The Central Information Commission (in short ‘CIC’) in the case of Shir Milap Choraria V. Central Board of Direct Taxes (Appeal No.CIC/AT/2008/00628 dated 15.06.2009), was concerned with the request for disclosure of income tax returns and financials of a third party, and at paragraph 12, the Bench […]

Mere suspicion cannot be sufficient evidence to invoke Section 67 of CGST Act 2017

April 11, 2023 2370 Views 0 comment Print

Tvl. Rising International Co. Vs. Commissioner of Central GST and Central Excise (Madras High Court) M/s.Rising International Company (legal name, Kailashkumar), Madurai, the petitioner herein, is a dealer registered under the Goods and Services Tax Act. It imports toys from China. It also purchases goods from Delhi-based dealers. The dealer’s specific stand is that returns […]

Presumptive culpability for failure to pay tax not a base for criminal case

April 7, 2023 768 Views 0 comment Print

Madras High Court held that complaint against petitioner presuming culpability on his part for failing to pay the tax is not a base for the criminal case.

Revocation of ITC – HC Directs petitioner to approach appellate authority

April 6, 2023 858 Views 0 comment Print

Madras High Court, in the case of revocation of Input Tax Credit, directed the petitioner to approach the appellate authority by way of statutory appeals within a period of three weeks

TNVAT: Disallowance of ITC due to mismatch to be dealt as per Circular No. 5 of 2021

April 5, 2023 8256 Views 0 comment Print

Madras High Court directed to deal with the matter of disallowance of ITC on account of mismatch between returns filed by the petitioners and returns filed by purchasing/ selling third party dealers as per Circular No. 5 of 2021 dated 24.02.2021

HC allows rectification of mistakes in Form GSTR 1

April 5, 2023 4956 Views 0 comment Print

Errors committed are clearly inadvertent and, rectification would, in fact, enable proper reporting of turnover and input tax credit to enable claims to be made in an appropriate fashion by petitioner and connected assessees.

Penalty u/s. 125 of CGST Act can be invoked separately for each non-compliances

March 30, 2023 17544 Views 0 comment Print

Madras High Court held that section 125 is a residuary provision and as there are three specific non-compliances qua statutory requirements, penalty u/s. 125 of Rs. 25,000 each can be invoked for such non-compliances.

HC quashes Search Assessment based on unauthorized search 

March 29, 2023 1176 Views 0 comment Print

Admittedly, if a search is conducted by applying Section 153A of the Income Tax Act, there should be a specific authorization. In the instant case, admittedly, there is no warrant authorization to conduct search as per Section 132 of the Income Tax Act on the petitioner.

Personal bond instead of bank guarantee as condition for stay of assessment order allowed

March 25, 2023 885 Views 0 comment Print

Madras High Court allowed the writ petition and directed acceptance of personal bond instead of bank guarantee, as condition for stay of assessment order, pending disposal of appeal in VAT demand matter.

Government Orders determining ceiling fees for professional is irrational: HC

March 25, 2023 2049 Views 0 comment Print

Madras High Court held that Government Order No. 339/Public (Law Officers) fixing fees for the law officers is extremely irrational. Government Orders determining a ceiling as fees for a professional cannot be accepted by any court of law.

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