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Madras High Court

TNVAT: Further recovery unjustified as appeal already pending & pre-deposit paid by assessee

March 17, 2023 2181 Views 0 comment Print

Madras High Court held that as an appeal is already filed which is still pending and statutory pre-deposit amount paid by the petitioner, VAT authorities cannot recover further sum from petitioner’s bank account or from any other source till statutory appeal is disposed of on merits.

Approaching court without allowing department to consider defence reply and afford hearing is not in accordance with law

March 16, 2023 1122 Views 0 comment Print

Madras High Court held that approaching court directly against the impugned notice without allowing department to consider the defence reply and providing opportunity of hearing is not in accordance with law. Accordingly, court directed petitioner to appear for personal hearing before respondent.

Departmental authorities need to decide on provisional release application filed u/s 110A of Customs Act, 1962

March 14, 2023 624 Views 0 comment Print

Raw enterprises Vs The Principal Commissioner of Customs (Madras High Court) Madras High Court held that as per provisions of section 110A of the Customs Act, 1962 departmental authorities need to take decision on provisional release application. Petitioner directed to furnish fresh application u/s 110A as against the allegation that application is not in prescribed […]

Initiation of coercive recovery proceedings without passing of assessment order is invalid

March 14, 2023 1362 Views 0 comment Print

Madras High Court held that initiation of coercive recovery proceedings, by exercising power under section 45 of the Tamil Nadu Value Added Tax Act, 2006, without passing of assessment order is invalid and unsustainable.

Extended period not invocable as non-disclosure was based on bonafide interpretation of law

March 13, 2023 1806 Views 0 comment Print

Madras High Court held that invocation of extended period of limitation unjustified as non-disclosure or claim of non-liability was on the basis of bonafide interpretation of law.

Administrative side of court cannot seek leave to review an order passed on judicial side

March 13, 2023 1068 Views 0 comment Print

Madras High Court held that administrative side cannot seek leave to review an order passed by its own judgements on the judicial side as the same would amount to undermining the judicial fibre.

Simultaneous initiation of proceedings by both Central & State Authority is impermissible in law

March 11, 2023 939 Views 0 comment Print

Madras High Court held that simultaneous initiation of proceedings, both by Central Authority and by the State Authority, under GST Act is impermissible under law as per the provisions of Section 6(2)(b) of the GST Act, 2017.

Granting personal hearing not required u/s. 84 of TNVAT Act in case of no enhancement of assessment/penalty

March 10, 2023 1200 Views 0 comment Print

Madras High Court held that as per provisions of section 84 of the Tamil Nadu Value Added Tax Act, 2006, when there is no enhancement of assessment or penalty, there is no necessity for the respondent to adhere to the principles of natural justice.

National Highway Authorities directed to revise GST rate on works contract to 18%

March 10, 2023 2088 Views 0 comment Print

KCP Infra Limited Vs Principal Secretary (Madras High Court) Madras High Court held that on account of revision of GST rate on works contract to 18% instead of earlier 12%, the court directed the National Highway Authorities to revise GST rates on bills raised by the petitioner (works contractor). Facts- The petitioner is a Works […]

Short accommodation for submissions granted in case of revocation of cancellation of GST registration

March 9, 2023 480 Views 0 comment Print

Madras High Court granted short accommodation to make further submissions in the case of revocation of cancellation of GST registration.

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