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Madras High Court

Violation of natural justice is not fatal in all situations: Bombay HC

December 20, 2022 1515 Views 0 comment Print

HC held that violation of natural justice is not fatal in all situations and a wholistic view should be taken of the issue, such that the interests of all parties are properly balanced.

Order cancelling GST registration without referring to reason for non-filing GSTR-3B return is not a speaking order

December 14, 2022 1809 Views 0 comment Print

Madras High Court held that the Appellate Authority should have gone into the reasons adduced by the writ petitioner for non-filing of GSTR-3B return. In absence of the same, the impugned order cancelling GST registration set aside and matter remanded back to Appellate Authority for examination.

Writ dismissed as circular issued by District Central Cooperative Banks merely informed adhering to the provisions of section 194N

December 14, 2022 987 Views 0 comment Print

Madras High Court dismissed the writ petition challenging the circular issued by District Central Cooperative Banks as the circular merely sought to bring to the notice of the petitioner societies the statutory provisions in regard to the deduction of tax, enjoining that they adhere to and comply with the same.

Self-assessment of tax liability during Audit before June 30, 2019 can be considerd as Quantification’ under SVLDR Scheme, 2019

December 13, 2022 747 Views 0 comment Print

HC held that benefit under SVLDR Scheme could not be denied on the ground that the quantification required to be done under SVLDR Scheme is actually self-assessment done during duration of Audit.

Provisional attachment under GST cease to have effect after a period of one year from date of order of attachment

December 12, 2022 594 Views 0 comment Print

The attachment as per Section 83(2) shall cease to have effect after a period of one year from date of order of attachment. Thus, pending writ petition, the impugned order has ceased to have effect, as on 15.09.2020.

Bribery Case: Punishment of dismissal from service of Commercial Tax Officer disproportionate

December 9, 2022 1170 Views 0 comment Print

Madras High Court in the case of dismissal of Commercial Tax Officer from the service due to collection of bribe as Diwali Mamool from the traders held that punishment of dismissal from service is disproportionate to the nature of charge.

Turnover of sale of alcoholic liquor sold in restaurant is taxed separately

December 7, 2022 2907 Views 0 comment Print

Madras High Court held that turnover relating to the sale of alcoholic liquor sold in the restaurant is not to be included in the turnover of foods and drinks as sale of alcoholic liquor is taxable separately.

GST registration cancelled for non-filing of returns to be restored on filing the pending returns

December 7, 2022 2904 Views 0 comment Print

Madras High Court directed the petitioner to file the pending GST returns thereafter the GST registration cancelled, on account of non-filing of GST return for continuous period of 6 months, will be restored

Cancelled GST to be restored on filing all the pending GST Returns

December 7, 2022 1407 Views 0 comment Print

Madras High Court directed the petitioner to file the pending GST returns thereafter the GST registration cancelled, on account of non-filing of GST return for continuous period of 6 months, will be restored

Assessee needs to demonstrate that their case is covered within ambit of any settled judgement

December 7, 2022 1290 Views 0 comment Print

Madras High Court held that Supreme Court in the case of State of West Bengal vs. Calcutta Club Limited concluded that sales tax is not payable on any sale of goods in the form of food, refreshments and drinks including liquors by the club to its permanent members. However, petitioner needs to demonstrate that their case comes within the ambit of said judgement.

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