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Madras High Court

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

May 9, 2023 2802 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 1728 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 5004 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 12816 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

Assessment Order passed on wrong PAN – HC directs PCIT for regularization of PAN

May 5, 2023 1593 Views 0 comment Print

Petitioner is admittedly a non-filer and also accedes to the position that two PAN numbers were obtained, which has lead to present confusion.

GST: Section 80 benefit not available if Assessee not filed returns & not paid tax

May 2, 2023 9033 Views 0 comment Print

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’.

Stay of 80% of demand granted as 20% of disputed tax, interest and penalty already recovered

April 28, 2023 2031 Views 0 comment Print

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.

No interest on ITC wrongly availed but not utilised

April 28, 2023 6936 Views 0 comment Print

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.

Court directed CA to register a case against then President of ICAI before Competent Authority

April 27, 2023 26973 Views 0 comment Print

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.

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