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Madras High Court

Person discharged/ acquitted of scheduled offence there can be no offence of money-laundering as well

December 7, 2022 858 Views 0 comment Print

Madras High Court held that if the person is discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him.

GST registration stands revived on uploading pending returns as returns not uploaded due to health issue

December 3, 2022 1473 Views 0 comment Print

Madras High Court held that registration shall stand revived on payment of tax and uploading of return and accordingly granted relief in the case of cancellation of GST registration due to non-filing of GST returns due to health issue

CA Cannot be Prosecuted under PMLA merely for Issuing Form No. 15CB

December 3, 2022 11676 Views 0 comment Print

While issuing Form No. 15CB a Chartered Accountant is required to only examine the nature of the remittance and nothing more. The Chartered Accountant is not required to go into the genuineness or otherwise of the documents submitted by his clients

Goods can be provisionally released even during pendency of proceedings

December 2, 2022 1032 Views 0 comment Print

Madras High Court held that the application for provisional release of goods under section 110-A of the Customs Act should be considered even during pendency of any proceedings initiated by the department.

Mistaken request for GST Registration cancellation- HC permits to file manual application for Restoration

December 1, 2022 255 Views 0 comment Print

HC held that request for cancellation was only a simple and inadvertent error. The impugned order is set aside and the petitioner is permitted to make an application seeking restoration of registration, setting out the correct details of the principal and additional places of business.

SCN issued to driver not sufficient under GST Act to proceed against appellant

December 1, 2022 948 Views 0 comment Print

Respondent submitted that notice was given to driver of consignment and that is sufficient under GST Act. HC held that show cause notice issued to driver is not adequate

Scope of interference to notice by Court under Article 226 is limited

November 29, 2022 2004 Views 0 comment Print

Madras High Court held that that the scope of interference to a show-cause notice by a writ Court exercising its power under Article 226 of the Constitution of India, is very limited, barring few exceptions, like lack of jurisdiction or abuse of process of law, etc. Here, writ petition entertained as show cause notice issued on lack of jurisdiction.

Settlement order brings entire dispute to an end including co-noticee

November 29, 2022 870 Views 0 comment Print

Madras High Court held that an order of settlement brings the entire dispute to an end and the same includes co-noticees as well. As Settlement Commissioner has granted immunity to the importer, no proceedings can be continued against CHA in same transaction.

Reopening of assessment on Mere audit opinion not valid

November 28, 2022 3375 Views 0 comment Print

Mobis India Limited Vs DCIT (Madras High Court) Hon’ble Supreme Court way back in 1979, in Indian and Eastern News Paper Society, put the issue beyond any pale of doubt by holding that the opinion on law rendered by an audit party cannot be the basis for exercising the power of reassessment. Evaluation of law […]

Madras HC directs Department to Process ITC Claim Rejected Solely on the Basis of Inadvertent Error

November 24, 2022 3072 Views 0 comment Print

HC ruled in favor of assessee by directing department to process Input Tax Credit claim that were previously rejected solely on the ground of inadvertent error.

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