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Madras High Court

Court refuses to entertain writ if alternate remedy available

June 6, 2023 1770 Views 0 comment Print

Madras High Court dismissed writ petition, stating that if there is an alternative remedy available, the petitioner should pursue that remedy before resorting to a writ petition.

Payment of mandatory pre-deposit directed against detention order

June 2, 2023 1182 Views 0 comment Print

Madras High Court directed the petitioner to deposit maximum penalty of 200% of the tax involved in detention matter as once the mandatory pre-deposit is complied, the order has no force and all the further recovery proceedings will be subject to final outcome of the appeal.

Demanding payment of penalty despite interim order of division bench is untenable

May 30, 2023 468 Views 0 comment Print

Madras High Court held that issuance of communication to pay penalty amount within prescribed period, despite of interim orders of division bench directing customs department not to take coercive steps, is untenable in law.

Non-submission of certified copy of order u/r 108(3) of TNGST Act is only technical defect

May 29, 2023 789 Views 0 comment Print

Madras High Court held that non-submission of certified copy of order within a period of 7 days as stipulated under Rule 108(3) of the Tamil Nadu Goods and Services Tax Rules, 2017 (TNGST Act) is only a technical defect.

GST: Authorized representation without instructions & without verifying records is untenable

May 28, 2023 693 Views 0 comment Print

Madras High Court held that without instructions, without verifying the records, the petitioner cannot direct his representatives to appear. Accordingly, such representation is untenable in law.

Delay in issuing SCN cannot justify continuation of provisional attachment for several years

May 28, 2023 1560 Views 0 comment Print

Revenue department cannot continue attachment of bank accounts for several years under Section 83 of the CGST Act for Delay in issuing SCN 

Reversal of ITC on loss of inputs which is inherent to process of manufacturing

May 24, 2023 4851 Views 0 comment Print

Eastman Exports Global Clothing (P) Ltd. Vs Assistant Commissioner (CT) (Madras High Court) Reversal of Input Tax Credit (‘ITC’) on the loss of inputs which is inherent to the process of manufacturing The Division Bench of Hon’ble Madras High Court recently in the case of Eastman Exports Global Clothing Pvt limited Vs Asst.Commissioner of CT, Tirupur settled […]

Interest on delayed GST payment not payable on credit component

May 22, 2023 6705 Views 0 comment Print

Sri Priyanga Agencies Vs Assistant Commissioner of CGST & Central Excise (Madras High Court) In a case between Sri Priyanga Agencies and the Assistant Commissioner of CGST & Central Excise, the Madras High Court has issued a common order. The court has disposed of the main writ petition and two related Writ Miscellaneous Petitions (WMPs). […]

HC directs department to issue Section 148 notice to legal representative of Deceased Assessee

May 18, 2023 906 Views 0 comment Print

In the case of J. Kishorekumar Vs ITO, Madras High Court examines tax notices issued to deceased assessee’s legal representative, offering detailed insights into legal implications and proceedings.

HC penalises appellant for wrong claim of Issue of Notice on wrong Email ID

May 18, 2023 786 Views 0 comment Print

Explore the Madras High Court’s ruling on natural justice in re-assessment proceedings under the Income-Tax Act, 1961, addressing notice discrepancies and principles of fairness.

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