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Madras High Court

Assessment order passed without affording personal hearing is liable to be quashed

March 1, 2023 1209 Views 0 comment Print

Madras High Court held that it is seen from the impugned assessment order that no personal hearing has been afforded to the petitioner. Accordingly, the impugned assessment order is quashed on the ground of violation of principles of natural justice.

Writ not entertained as petitioner failed to use opportunity granted by department

February 27, 2023 834 Views 0 comment Print

Madras High Court held that writ petition not entertained as petitioner failed to make use of opportunities granted by the department to respond to the notices.

Assessee directed to file representation for release of blocked funds w.r.t. alleged non-payment of GST and excess availment of ITC

February 25, 2023 1056 Views 0 comment Print

Assessee directed by Madras HC to file representation for release of blocked funds w.r.t. alleged non-payment of GST & excess ITC availment

Writ not entertained as impugned order was passed without violation of principles of natural justice

February 23, 2023 1440 Views 0 comment Print

Kramski Stamping and Molding Indis Private Ltd. Vs State Tax Officer (Int.) (Madras High Court) Madras High Court held that writ petition cannot be entertained as due procedure is followed by the department and there is no violation of principles of natural justice. Petitioner directed/ permitted to file a statutory appeal if aggrieved by the […]

Information vs. Information suggesting escapement of income from tax

February 21, 2023 3693 Views 0 comment Print

Dr. Mathew Cherian Vs ACIT (Madras High Court) Facts of the Case: 1. There was a survey in Kovai Medical Centre and Hospital (in short KMCH or hospital) by the officials of the Income Tax Department, on 11.2021. In the course of the survey, various documents were found and seized that, according to the respondents, […]

Direction given to submit an additional reply against notice issued u/s 174 of CGST Act

February 19, 2023 927 Views 0 comment Print

Madras High Court directed the petitioner to submit an additional reply to the Show Cause Notice issued under section 174 of the Central Goods and Service Tax Act 2017.

Order passed without considering important submission is a non-speaking order

February 18, 2023 3627 Views 0 comment Print

Madras High Court held that assessment order passed without considering important submission by the petitioner is a non-speaking order and against the principles of natural justice. Accordingly, the assessment order is quashed and remanded back for fresh consideration.

HC stays Coercive Steps by Income Tax Dept against Education Minister in Illegal payment Case

February 18, 2023 651 Views 0 comment Print

K Ponmudi Vs ACIT (Madras High Court) The petitioner has challenged the impugned assessment order on the following grounds: a) Despite several requests made by the petitioner to the respondents, requesting them to furnish the evidence based on which they have found that M/s. SRS Mining is alleged to have paid Rs.20,00,000/- as illegal payments […]

Revenue department cannot initiate assessment proceedings once moratorium order passed by NCLAT

February 17, 2023 1167 Views 0 comment Print

HC quashed assessment order and consequential recovery notice issued by Revenue Department on the grounds that no opportunity of hearing was afforded to assessee and contentions of assessee were also not considered, thus same was a violation of principles of natural justice.

Repeal will not affect rights, privileges, obligations or liability under old Act

February 17, 2023 2646 Views 0 comment Print

Madras High Court held that provisions of section 174(2) of the CGST Act states that repeal as per sub­section (1) shall not affect any rights, privileges or obligations or liability acquired, accrued or incurred under the old Act.

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