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Madras High Court

Service Tax on Marketing & Distribution of Cellular Mobile Telephone Services- HC directs dept to pass orders in accordance with law

June 28, 2022 351 Views 0 comment Print

P.R. Mani Air Fridge & Electronics Vs Office of the Commissioner of Central Excise (Madras High Court) Heard Mr. N. Muralikumaran, learned counsel for the petitioner and Mr. V. Sundareswaran, learned Senior Panel Counsel for R1. There is no appearance for R2. 2. Both learned counsel will concur on the position that identically placed petitioners […]

Foreign Arbitral Award Enforcement can be Filed in multiple High Courts

June 27, 2022 903 Views 0 comment Print

Explore the ACIT Vs Zodiac Transport case as ITAT Delhi directs fresh adjudication on protective additions, influenced by the SVP Group entities recent partial relief.

Declaration is mandatory for foreign tourist having gold above Rs. 50,000

June 25, 2022 2013 Views 0 comment Print

It was incumbent on the part of the petitioners to have made proper declaration under Customs Baggage Declaration Regulations, 2013 read with Baggage Rules 2016. These Rules apply to all passengers including tourist coming to India.

Madras HC upholds SCNs issued under Customs Act by DRI officers

June 24, 2022 3003 Views 0 comment Print

HC held that under the Customs Act, 1962, there are different Power Centres for appointing persons as Officers of Customs for discharging their powers and functions (duties) imposed under the Act. The contours of powers to be exercised by such Officers of Customs is to be drawn by the Board.

Detention of vehicles / goods without following procedural norms is in gross contravention of statutory provisions of GST

June 24, 2022 1503 Views 0 comment Print

HC held that, detention/seizure of the vehicle and goods without issuing proper notice or detention order by the proper officer is in gross contravention of the statutory provisions.

Legality of show cause notice & Order based on mismatch in ITC under GST

June 22, 2022 1629 Views 0 comment Print

Mahendra Feeds and Foods (Trading Division) Vs Deputy Commissioner of GST and Central Excise (Madras High Court) The petitioner is a dealer under the GST regime. He has availed Input Tax Credit (ITC) for the Financial Year 2017-18 and 2018-19 from December 2017 to March 2019. But, according to the Revenue, the ITC claimed by […]

HC quashes order passed without considering reply to section 148A notice

June 21, 2022 831 Views 0 comment Print

The Petitioner has challenged the impugned order primarily on the ground that the Petitioner was issued with a notice under Section 148A of the Income Act, 1961 on 20.03.2022 and that the Petitioner has also replied to the same on 25.03.2022, which has also been acknowledged. However, the impugned order has wrongly recorded that the Petitioner has not responded.

Madras HC directs dept to follow SC Judgment in UOI Vs. Ashish Agarwal

June 18, 2022 2895 Views 0 comment Print

Giant Construction Company Vs DCIT (Madras High Court) The petitioner assails the communication dated 21.04.2022 by which the objections raised by the petitioner to the reopening of the assessment were rejected. The petitioner asserts that the impugned communication is in contravention of the amended Section 148-A of the Income Tax Act, 1961. Upon the insertion […]

Filing of writ petition, before final order, unsustainable

June 17, 2022 786 Views 0 comment Print

Final order in the re-assessment proceedings is yet to be passed. Hence, the writ petition itself was premature and no relief could be granted thereof.

Dual Compensation from insurance co. and Motor Vehicle not tenable

June 17, 2022 3000 Views 0 comment Print

The compensation for medical expenses is a matter of reimbursement and hence once the insurance company has chosen to compensate the victim of road accident for medical expenses, the same cannot be once again claimed under the Motor Vehicles Act

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