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Madras High Court

TNVAT: No action against Buyer for Default of Seller

September 22, 2021 5160 Views 0 comment Print

Infiniti Wholesale Limited Vs Assistant Commissioner (CT) (Madras High Court) Asstt Commissioner (CT) v. Infiniti Wholesale Ltd. [2017] 77 taxmann.com 372 (Mad.) – The Hon’ble High Court of Madras held that if the sales are not disclosed by a seller either in the monthly returns or the tax collected from the dealer is not made […]

Reassessment was justified if assessee failed to make full, true disclosure of all material facts during original assessment

September 22, 2021 1263 Views 0 comment Print

Where assessee had not made full and true disclosure of all material facts during the original assessment, the reopening of the assessment was not based on the change of opinion but the facts which emanated after the rectification application was filed by assessee and it was incorrect on the part of assessee to state that the reopening of the original assessment was on assumptions and presumptions.

Reopening For Mere Non -Ratification of Section 10B approval not justified

September 20, 2021 756 Views 1 comment Print

Indus Teqsite Private Ltd. (presently known as Data Patterns India Pvt. Vs DCIT (Madras High Court) Merely because the ratification has not been done by a Higher Authority, will it automatically vitiate the approval, which was granted by the Competent Authority namely the Development Commissioner. The learned Single Judge, after noting that the said assessee […]

No TDS on Sale of Software by treating it as Royalty

September 20, 2021 3588 Views 0 comment Print

Financial Software and Systems Private Limited Vs CIT (Madras High Court) The question of law which is involved is with regard to whether the assessee was liable to deduct Tax at Source in respect of the Computer Software which was dealt with by them, procured from a Non-Resident and sold in the Indian Market. This […]

Sale of carbon credits is capital receipt and not taxable

September 20, 2021 3009 Views 0 comment Print

carbon credit is not even directly linked with the power generation and the income is received by sale of the excess carbon credits. Lastly, the Court inferred that the Tribunal had rightly held that it is a capital receipt and not business income.

GST: Scope of Section 6(2)(b) & Section 70 is different & distinct

September 20, 2021 12849 Views 0 comment Print

Kuppan Gounder P. G. Natarajan Vs Directorate General of GST Intelligence (Madras High Court) Appellant submitted that the State authority has conducted the search and seizure operations and summons had been issued, order of provisional attachment had been passed and in such situation, the respondent cannot initiate any action and issue summons under Section 70 […]

Madras HC stays GST exemption on RWA contributions

September 14, 2021 10107 Views 0 comment Print

Madras High Court stays single-Judge ruling on GST exemption for RWA contributions upto ₹ 7,500. No exemption is applicable when the monthly contribution exceeds ₹ 7,500, the Centre told the Court.

TNVAT payable On Sale of Electronically Made Indian Musical Instruments

September 13, 2021 627 Views 0 comment Print

Radel Electronics Pvt. Ltd. Vs Government of Tamil Nadu (Madras High Court) State has not intended to grant exemption in respect of large scale manufacturers of electrically made Indian Musical Instruments. Such Indian Musical Instruments, which all are using the electronic technologies, then it is to be classified as electronic instruments, which would squarely fall […]

Quashing of reassessment was invalid if opportunity was provided to assessee to submit additional objections

September 13, 2021 834 Views 0 comment Print

Dr. Sajan Hedge Vs ACIT (Madras High Court) Conclusion: Instead of quashing the entire reassessment proceedings, it was suffice if an opportunity was provided to assessee to submit additional objections, if any, based on the materials relied on by assessee to AO, within a stipulated period and on receipt of the same, AO should be […]

Writ not maintainable if due procedure followed by Authorities

September 13, 2021 1005 Views 0 comment Print

In present facts of the case, the Hon’ble High Court dismissed the writ petition by making observations that the due procedure of law was followed by the Respondents under Section of the 24(4)(a)(i) of the Benami Transactions (Prohibition) Amendment Act, 2016.

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