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Madras High Court

Tamil Nadu VAT: Penalty under Section 27(3) is not automatic

November 24, 2022 2931 Views 0 comment Print

Sayar Cars Vs Appellate Deputy Commissioner (CT) Commercial Taxes Building (Madras High Court) It is an admitted position that none of the assessment orders or, for the matter, the show cause notices, reveal any application of mind to the aspect of wilful suppression. The officer merely proceeds on the fact that there was a difference […]

DGFT doesn’t have power to amend FTP policy

November 23, 2022 1305 Views 0 comment Print

Madras High Court held that DGFT has powers to only clarify the doubts raised as to the interpretation of Policy and doesnt have powers to amend the FTP policy. Accordingly, 100% EOU eligible for benefits of availing SHIS.

Forfeiture of property unsustainable in absence of nexus between income of detenue & acquisition of property

November 16, 2022 1422 Views 0 comment Print

Madras High Court held that order directing forfeiture of property u/s. 7 of the Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is unsustainable as link or the nexus between the income of the detenue and the acquisition of the property is not established.

No section 11 tax exemption if educational institutions collects Capitation Fee: Madras HC

November 15, 2022 2607 Views 0 comment Print

The Honble Madras High Court observed that Juxtaposing the provisions of both the Acts viz., Income Tax Act, 1961 and the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992, with each other, it is explicit that collection of any amount in excess of what has been prescribed as fee or in the nature of donation or voluntary contribution either directly or indirectly to the institution or through some other person or institution or trust, as quid pro quo for the seat in any educational institution, would render the activity of both the entities ungenuine.

Compassionate appointment application post several years from death of deceased employee is impermissible

November 14, 2022 2745 Views 0 comment Print

Madras High Court held that an application seeking compassionate appointment lapsed several years from the death of the deceased employee is not allowable

Differential liability under Highways and Public Works post GST should be computed as per Govt. orders

November 12, 2022 2187 Views 1 comment Print

Madras High Court held that for contract entered prior to 01.07.2017 under National Highways and Public Works Department differential tax liability is to be computed as per Government Orders and any recovery affected from the contractor contrary to the methodology will be refunded.

Indirect involvement liable for prosecution u/s. 3 of Prevention of Money Laundering Act, 2002

November 9, 2022 492 Views 0 comment Print

Madras High Court held that even if the accused was not involved in the criminal activity that generated the proceeds of crime, but, if he is involved in some way or the other with the proceeds of crime so generated, he would be liable to be prosecuted under Section 3 read with 4 of the Prevention of Money Laundering Act.

Negotiable Instruments Act, Section 138/141 proceeding against a corporate debtor is covered under IBC 2016

November 9, 2022 942 Views 0 comment Print

G. Ajay Agarwal Vs Bhagwandas and Co. (Madras High Court) The question as to whether by operation of provision of I&B Code, the criminal prosecution initiated under Section 138 r/w 141 of Negotiable Instruments Act, r/w 200 of Cr.P.C can be terminated, is no longer res integra in view of Apec Court judgment in P. […]

Circular no. 5/2021 should be followed while dealing with mis-match in VAT return: Madras HC

November 7, 2022 3192 Views 0 comment Print

Madras High Court held that while dealing with the assessment made on the basis of computer generated mis-match report i.e. mis-match in VAT return should be dealt with as per procedure narrated in circular no. 5/2021 dated 24.02.2021.

Show cause notice should not be with a pre-conceived & closed mind

November 6, 2022 4866 Views 0 comment Print

Mars Shipping Services Vs Commissioner of Customs (Madras High Court) As regards the show cause notice, dated 8.9.2014, it is to be noted that the respondent has followed the procedure contemplated under the Regulations after having passed an order for continuing the suspension, by proceedings dated 28.8.2014. As per Regulation 18 of the CBLR, 2013, […]

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