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Madras High Court

Madras HC Overturns GST Assessment on Deceased; Legal Heirs Get Relief

December 26, 2023 7431 Views 0 comment Print

Read the full judgment from Madras High Court setting aside a GST assessment order against the deceased M.K.Girish. Legal heirs granted relief; court directs a response within 6 weeks.

Circulars mandating compliance of section 194A & 194N by co-op societies cannot be challenged under Article 226

December 25, 2023 864 Views 0 comment Print

Madras High Court held that circulars dated 16.03.2021, 05.08.2021 and 01.04.2021 mandating compliance of provisions of section 194A and 194N of the Income Tax Act by co-operative societies cannot be challenged under Article 226 of the Constitution of India.

Order passed without granting video conference hearing is against principles of natural justice

December 23, 2023 7623 Views 0 comment Print

Madras High Court held that order passed without granting video conference hearing as sought by the petitioner is unsustainable as it is clearly violation of principles of natural justice.

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

December 23, 2023 1038 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 19299 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 972 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 561 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 7290 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 16497 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 1086 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

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