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 […]
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.
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
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 and it would suffice that reassessment reasons broadly outlined
Petitioner is admittedly a non-filer and also accedes to the position that two PAN numbers were obtained, which has lead to present confusion.
The object of Section 80 is to benefit an assessee who approaches the Commissioner for a scheme of instalments. The sole exception to the application of Section 80 is in respect of admitted tax. The language in Section 80 is ‘other than the amount due as per the liability self assessed in any return’.
Madras High Court granted the stay in respect of 80% of the demand, as 20% of the disputed tax, interest and penalty already recovered by the department from the bank account of the petitioner.
When ITC has been wrongly availed and utilized with a revenue impact, that interest liability is attracted. Making it clear that it is only in situations where there is a revenue impact that interest will become chargeable.
Madras High Court directed the Chartered Accountant, who raised several allegations against the then President of the Institute, that if he is confident about the irregularities and has materials on record to establish the allegations, he is at liberty to register a case before the Competent Authority, including the Central Vigilance Commission or the Jurisdictional Police or otherwise.