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Madras High Court

GST interest not payable on credit component (ITC)

May 16, 2023 19518 Views 0 comment Print

HC held that Section 50 of the GST Act can be applied demanding interest only in cases of belated cash payment towards GST, but not on input tax credit available all the while with the department to the credit of the assessee.

HC uphold cancellation of Customs Duty Exemption Certificate (CDEC) granted to Apollo Hospitals

May 13, 2023 1131 Views 0 comment Print

Madras High Court considers withdrawal of customs duty exemption for Apollo Hospitals’ imported medical equipment. Analysis of compliance with Notification No.64/88.

Assessment Order passed without due opportunity to Legal Heirs- HC remands matter back to AO

May 13, 2023 753 Views 0 comment Print

No ample opportunity was given to the legal heirs of the deceased assessee. Therefore, this Court is of the view that the order impugned in the writ petition is liable to be set aside and the matter should be remitted back to the original authority for affording due opportunity to the legal heirs of the original assessee to put forth their case.

Section 144B: Faceless Assessment – Violation of Natural justice – Matter remanded back to AO

May 13, 2023 1977 Views 0 comment Print

Chennai Port Authority Vs DCIT (Madras High Court) The learned counsel appearing for the petitioner further submitted that the petitioner’s request for personal hearing through video conferencing was not considered and the same was mechanically rejected and the impugned orders were passed, which is clear violation of principles of natural justice. In similar circumstances, this […]

Department directed to issue ‘C forms’ for inter-sate purchase of High Speed Diesel Oil

May 10, 2023 1668 Views 0 comment Print

Madras High Court directed department to issue ‘C forms’ under the Central Sales Tax, 1956 for inter-state purchase of High Speed Diesel Oil.

GST: Deeming fiction of 70:30 formula attributable to construction service & land cost applies only when bifurcation is not provided

May 9, 2023 2748 Views 0 comment Print

Avigna Properties Pvt Ltd Vs State Tax Officer (Madras High Court) Deeming fiction of 70:30 formula attributable to construction service and land cost applies only when bifurcation is not provided Madras High Court held that methodology of deeming fiction set out under notification 11/2017-Central Tax (Rate) dated 28.06.2017 (70:30 formula) attributable to construction services and […]

Benefit of Section 80 of TNGST not available in case tax dues are not paid

May 6, 2023 1713 Views 0 comment Print

Madras High Court held that the object of Section 80 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST) is only to benefit an assessee who has been complaint in effecting payment of the admitted tax. Benefit of section 80 not available in case of amount due as per the liability self-assessed in any return.

Mere 13 hours to file Reply to SCN violates principles of natural justice: HC

May 5, 2023 900 Views 0 comment Print

SCN was issued on 27.03.2023 at 9.10.33 p.m. and petitioner was given 13 hours time to reply, which violates principles of natural justice

No Capital Gain on buyout of shares as per SC order

May 5, 2023 4998 Views 0 comment Print

Sheetala Credit & Holdings Private Limited Vs ITO (Madras High Court) High Court held that assessing authority has rightly concluded that there is no capital gains that arises from the transaction since the entire transaction was a buyout of shares by virtue of order of the Apex Court. The officer, in this regard refers to the […]

Section 148A(b) notice is not expected to be as detailed as assessment order: HC

May 5, 2023 12804 Views 0 comment Print

Section 148A(b) Notice is not expected to be as detailed as assessment order and it would suffice that re­assessment reasons broadly outlined

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