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Madras High Court

AO can invoke Section 154 for Glaring Mistakes in Assessment Orders

March 26, 2024 3885 Views 0 comment Print

Where an AO had also failed to do what was required under the law at the time of passing Assessment Order and had passed an Assessment Order with such defects, such assessment orders could be rectified by the officer by exercising power under section 154.

Time limit for completing assessment will start from document handing over date even when AO of searched and other person is same

March 23, 2024 2424 Views 0 comment Print

Madras High Court held that even if AO of both searched person and other person is same, for completing Assessment proceedings and passing the Assessment order has to be calculated from the date on which the documents were handed over or deemed to have been handed over to the AO of the “other person”.

Sale of property in favour of third party cannot be declared as void by TRO: Madras HC

March 22, 2024 597 Views 0 comment Print

Madras High Court held that Tax Recovery Officer is not required to declare the sale between the petitioner and the fourth respondent as invalid as the sale is void abinito. Thus, court directed petitioner to institute suit in a civil court to establish right over disputed property.

SC rejects bail application of Satyendar Jain & other in money laundering case

March 22, 2024 555 Views 0 comment Print

Supreme Court rejected the bail application of Shri Satyendar Kumar Jain and others involved in the case of money laundering as appellants have not complied with the twin mandatory conditions laid down in Section 45 of Prevention of Money Laundering Act, 2002.

Section 276CC Prosecution: Appellate Proceedings Irrelevant but Wilful Failure to Furnish Returns Must Exist

March 22, 2024 645 Views 0 comment Print

In Vinayagam Sabarisanthanakrishnan Vs ACIT, Madras HC clarifies that failure to file returns under Sec 139(1) is essential for prosecution under Sec 276CC of the Income Tax Act.

Madras HC Allows Appeal before CIT(TDS) with 10% Pre-Deposit instead of 20%

March 22, 2024 438 Views 0 comment Print

In a case between Salem Urban Co-op Bank Ltd. and the Income Tax Officer, Madras High Court allows appeal, permitting waiver of 10% pre-deposit amid financial hardship.

Petitioner availed Lower ITC than GSTR 2A Amounts: conclusion of AO of wrongful ITC availing indicates non-application of mind

March 22, 2024 1923 Views 0 comment Print

Madras High Court quashes assessment order for availing lower Input Tax Credit than reflected in GSTR 2A, citing non-application of mind. Details of the judgment here.

Assessment Order Not Sustainable If ASMT-12 Issued for Same tax Demand

March 20, 2024 2520 Views 0 comment Print

Learn about the case of Radiant Cash Management Services Ltd. vs. Assistant Commissioner (ST) at the Madras High Court, where an assessment order was challenged due to the issuance of ASMT-12.

Madras HC Quashes Denial of GST Input Tax Credit due to Wrong GSTIN Indication

March 20, 2024 1386 Views 0 comment Print

Learn how Madras High Court ruled against denial of GST Input Tax Credit due to a mismatch between GSTR-3B and GSTR-2A, citing a clerical error in GSTIN indication.

Tax Recovery Officer doesn’t have jurisdiction to declare sale of property as void: Madras High Court

March 19, 2024 549 Views 0 comment Print

Madras High Court held that Tax Recovery Officer cannot declare sale made by the assessee in favour of 3rd party as void. It is the function of civil court to declare a transaction as null and void and the Tax Recovery Officer cannot exercise the said function.

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