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Madras High Court

Section 64(4) of TNVAT Act not allow Commissioner to delegate power to lower authority to pass order

October 19, 2022 1260 Views 0 comment Print

Madras High Court held that it is clear that section 64(4) of the TNVAT Act doesnt empower the Commissioner to delegate the power to pass order to any lower authority.

Order passed u/s 220(6) of the Income Tax Act must be speaking order

October 19, 2022 2175 Views 0 comment Print

Madras High Court held that any order made under Section 220 (6) of the Income Tax must be a speaking order. Accordingly, impugned order set aside as being cryptic and non-speaking.

TNVAT: HC directs AO to pass speaking order & determine rate of Aviation Turbine Fuel

October 18, 2022 453 Views 0 comment Print

Madras High Court directed Assessing Officer to pass a speaking order, after hearing the petitioner in full, with regard to determination of appropriate rate of tax on Aviation Turbine Fuel (ATF).

Turnover from works contract should be assessed as per rule 8(5) of TNVAT Rules, 2007

October 18, 2022 912 Views 0 comment Print

Madras High Court held that the proper method for assessing the turnover from works contract is as per Rule 8(5). Accordingly, it was directed to redone de novo applying the methodology set out under rule 8(5) of the Tamil Nadu Value Added Tax Rules, 2007.

HC upheld denial of CST exemption on sale to merchant exporter

October 18, 2022 495 Views 0 comment Print

Azam Laminators (P) Limited Vs Commercial Tax Officer (Madras High Court) The specific case of the petitioner is that the petitioner had effected sale of M.G. Plain Kraft Paper to a merchant exporter, who, in turn had received a purchase order from a buyer from Kuala Lumpur, Malaysia for Parcel Leaf Size and that the […]

Proceedings u/s 129 of CGST Act invalid due to delay in service of detention order and notice

October 17, 2022 3237 Views 0 comment Print

Madras High Court held that proceedings initiated under section 129 of the CGST Act invalid as detention order and notice was not served within the prescribed time limit.

Pre-deposit directed to be made for saving premises from getting sealed by Authorities: Madras HC

October 15, 2022 906 Views 0 comment Print

In present facts of the case, the Honble Madras High Court while disposing of the writ petition observed that the petitioner have alternative remedy to file appeal and have also directed to deposit Rs. 25,00,000/- for saving the premises from getting sealed by authorities.

Reply to GST SCN to be considered even if sent by post & not through portal

October 14, 2022 2532 Views 0 comment Print

HC held that the filing of a reply to the show-cause notice in form GST-DRC-06 is not mandatory under Section 73(9), 74(9) and 76(3) of CGST Act and reply so filed through post shall also be treated as valid.

HC restore GST Registration despite delay in application for revocation/appeal

October 14, 2022 2130 Views 1 comment Print

Trans India Carco Carriers Vs The Assistant Commissioner (Circle) (Madras High Court) I have had an occasion to consider the identical issue that arises in these writ petitions, in a batch of writ petitions in W.P.Nos.10663 of 2022 etc. batch and I have passed the following order on 17.08.2022:- ‘All writ petitioners have challenged orders […]

Addition of gift sustainable as nature of relationship with the donor not proved

October 13, 2022 1026 Views 0 comment Print

Madras High Court held that addition of gifts as undisclosed income sustainable as there was no acceptable explanation as to the nature of relationship the gift receiver had with the donor in the course of business transaction.

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