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Madras High Court

Best Judgment Assessment Void if Assessee Submits Pending Returns Post-Registration Restoration: Madras HC

December 23, 2023 1023 Views 0 comment Print

Madras High Court ruling: Best Judgment Assessment annulled if assessee files pending GST returns post-registration restoration. Case analysis of Anand Cini Services Pvt. Ltd.

Failure to Notify Form GSTR-2 Supports Petitioner’s Claim for Belated Returns

December 21, 2023 19254 Views 0 comment Print

Explore case of Tvl. Kavin HP Gas Gramin Vitrak vs Commissioner of Commercial Taxes. The petitioner’s belated GSTR-2 claims face challenges due to unnotified forms.

Madras HC Sets Aside Assessment Order for Lack of Realistic Opportunity

December 21, 2023 963 Views 0 comment Print

Explore the Madras High Court’s decision to set aside an assessment order in the case of Shopping Zone India Pvt. Ltd. vs. Additional/Joint/Deputy/Assistant Commissioner of Income Tax. Analysis of the violation of natural justice and its implications.

Madras HC directs revival of Appeal filed by petitioner before CIT (Appeals) 

December 21, 2023 546 Views 0 comment Print

Explore the Madras High Court’s directive to revive the tax appeal in Palanisamy Jeevanantham Vs PCIT case. Analysis of the order and its implications on assessment proceedings.

Opportunity of personal hearing u/s 75(4) of GST Act mandatory even if not opted by assessee

December 20, 2023 7170 Views 0 comment Print

Since it was mandatory on the part of the respondents to provide opportunity to assessee for personal hearing and without giving any such opportunity of personal hearing, the impugned order came to be passed, which amounted to violation of provision specified under Section 75(4).

HC quashed order of service of notice through GST Portal to assessee whose Registration was cancelled before serving the same

December 18, 2023 16452 Views 0 comment Print

Service of notice for cancellation of GST registration through e-portal only without physical means was not valid as assessee could not open the e- Portal, due to cancellation of their GST registration and the respondent could expect assessee to know of the issuance of show cause notice or any other communications which were sent through e-Portal. 

Show Cause Notice Isn’t a Denial of Hearing: Madras HC

December 18, 2023 1080 Views 0 comment Print

Madras High Court dismisses a writ petition, emphasizing that a show cause notice is not a denial of hearing. Get insights on the case – Lakshmi Jalladianpettai Lakshmanan Vs ITO

Revenue Department has no power to re-adjudicate or re-quantify Refund Order

December 16, 2023 933 Views 0 comment Print

Madras High Court directs Revenue Department to refund excess tax as per the original refund order, stating it has no power to re-adjudicate or re-quantify.

Madras HC Sets Aside GST Assessment Order Citing Technical Glitches on Portal

December 14, 2023 2418 Views 0 comment Print

Explore the Madras High Court’s decision in East Coast Constructions and Industries Ltd. vs. Assistant Commissioner, where it allowed a writ petition, highlighting technical issues on the GST portal. The court remanded the matter, emphasizing the need for a fair chance and directing the Revenue Department to address dashboard discrepancies.

No reassessment beyond 4 years as assessee disclosed Agricultural Land sale in return during scrutiny assessment

December 12, 2023 3366 Views 0 comment Print

Reassessment initiated beyond 4 years was quashed as assessee had disclosed the information with regard to the sale of the agricultural land and all the particulars with regard to sale of agricultural land was disclosed before AO in full extent and there was no failure on the part of assessee with regard to providing material facts and the notice issued under Section 148 and 149 of the Act for re-opening assessment.

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