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Madras High Court

HC explains requirement of new sanction under Section 279(1) of Income Tax

January 1, 2022 6105 Views 0 comment Print

G. Victor Devasahayam Vs ACIT (Madras High Court) It is not disputed that sanction under Section 279 (1) of Income Tax Act is already been granted and sanctioned for the offence under Section 276(C)(1) and other offences. Since the expression unless the sanction had been already obtained for a prosecution on the same facts as […]

WhatsApp Group Administrator not Liable for Objectionable posts by Members

January 1, 2022 17775 Views 2 comments Print

If the petitioner had played the role of a WhatsApp group administrator alone and nothing else, then while filing final report, the petitioner’s name shall be deleted. If some other material is also gathered by the first respondent so as to implicate the petitioner, then of course the petitioner will have to challenge the case only on merits.

HC directs GST officials to allow goods to be transported if no case is made out

December 31, 2021 1071 Views 0 comment Print

Healthcubed India Private Limited Vs Assistant Commissioner (ST) (Madras High Court) The show cause notices details and articulates the case of the respondent. It is for the petitioner to reply to the show cause notices to have the goods cleared. If the goods were really meant to be sent to Karnataka for which the petitioner […]

Open terrace area not part of built-up area for section 80IB(10) deduction

December 22, 2021 2784 Views 0 comment Print

Revenue preferred an appeal against ITAT order which hold that open terrace area which can be accessed only through the private balcony of the individual purchaser should not be included while computing the built-up area for the purpose of claiming deduction u/s 80IB(10).

Mistake crept & corrected at initial stage cannot invalid the entire proceedings

December 21, 2021 1533 Views 0 comment Print

Vedanta Limited Vs DCIT (Madras High Court) Facts- M/s. Sterlite Industries (India) Limited has merged with M/s. Sesa Goa Limited with effect form 17.08.2013. Thereafter, the said company namely M/s. Sesa Goa Limited was amalgamated with M/s. Vedanta Limited, the present petitioner, with effect from 21.04.2015. Mainly it was alleged that notice issued under section […]

IT Authorities are bound to carry on the proceedings in absence of any interim order

December 21, 2021 2268 Views 0 comment Print

Pentamedia Graphics Limited Vs ACIT (Madras High Court) Facts- The order is challenged by the assessee on account of period of limitation under section 153(2) of the Income Tax Act. Assessee argued that the period of limitation, prescribed under Section 153 (2), to pass an order of re-assessment expired on 12.10.2014. However, the impugned order […]

Release Vehicle subject to Payment of applicable GST: HC directs GST Authorities

December 15, 2021 1179 Views 0 comment Print

Respondent is directed to release the vehicle subject to payment of the applicable SGST and CGST by the petitioner to be treated as deposit. The respondent shall issue appropriate notice to the petitioner to show cause as to why SGST and CGST directed to be deposited should be demanded and why penalty should not be imposed on the petitioner.

Enhanced penalty on Customs House Agent for mis-declaration of goods justified

December 14, 2021 2826 Views 0 comment Print

Since the provisions under the Regulations to punish the Customs House Agent for violation and contravention of the Regulations was in addition to the penal provisions prescribed under the parent act, namely, the Customs Act, therefore,  mis-declaration of goods and attempt to export such goods by assessee-customs house agent was punishable under Section 114 of the Customs Act.

Madras HC directs issue of Form SVLDRS-4 as revenue accepts mistake in Tax calculation

December 12, 2021 3441 Views 0 comment Print

HC directed the Revenue Department to issue a discharge certificate in FORM SVLDRS-4 either manually or electronically for the payment made by the assessee under the Sabka Vishwas Legacy Disputes Resolution Scheme, 2019 (SVLDR Scheme) as no tax dues are pending.

CST ‘turnover’ cannot be included for determination of tax liability/filing of Returns under TNVAT Act, 2006

December 12, 2021 1995 Views 0 comment Print

Schneider Electric India Pvt.Limited Vs Assistant Commissioner (ST) (Madras High Court) Rule 8 of the TNVAT Rules, 2007 prescribes a method of determination of ‘taxable turnover‘ for the purpose of payment of tax. It is not to be read to mean that CST ‘turnover’ is to be included either for determination of tax liability under […]

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