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Madras High Court

Writ filed in case of differential duty in respect of portable emergency lamp after 16 years needs reconsideration

March 2, 2023 726 Views 0 comment Print

Madras High Court held that as writ is filed, in the matter of differential duty in respect of portable emergency lamp, after a lapse of almost sixteen years, the same needs reconsideration on merits and in accordance with law.

Application under SVLDRS should be processed as amount payable was paid on due date but was credited on next day

March 1, 2023 351 Views 0 comment Print

Madras High Court held that as the petitioner proved that amount payable under the Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 (SVLDRS) as per form SVLDRS-3 was paid on the due date, however, the amount was credit on the next day i.e. one pay after the due date. The application submitted by the petitioner under SVLDRS should be processed.

Difference of more than 1½ year between date of assessment order & dispatch date is unjustified

March 1, 2023 1281 Views 0 comment Print

Madras High Court held that there is difference of more than 1 ½ year between the date of the assessment order and date of dispatch of the assessment order. Further, order was passed without granting of personal hearing. Such impugned order is liable to be quashed.

Granting personal hearing before submission of reply is against principles of natural justice

March 1, 2023 2349 Views 0 comment Print

Madras High Court held that impugned order was passed after granting of personal hearing, however, personal hearing was granted before replies were received from the assessee is liable to be quashed on the grounds of principles of natural justice.

Assessment order passed without affording personal hearing is liable to be quashed

March 1, 2023 1248 Views 0 comment Print

Madras High Court held that it is seen from the impugned assessment order that no personal hearing has been afforded to the petitioner. Accordingly, the impugned assessment order is quashed on the ground of violation of principles of natural justice.

Writ not entertained as petitioner failed to use opportunity granted by department

February 27, 2023 876 Views 0 comment Print

Madras High Court held that writ petition not entertained as petitioner failed to make use of opportunities granted by the department to respond to the notices.

Assessee directed to file representation for release of blocked funds w.r.t. alleged non-payment of GST and excess availment of ITC

February 25, 2023 1104 Views 0 comment Print

Assessee directed by Madras HC to file representation for release of blocked funds w.r.t. alleged non-payment of GST & excess ITC availment

Writ not entertained as impugned order was passed without violation of principles of natural justice

February 23, 2023 1518 Views 0 comment Print

Kramski Stamping and Molding Indis Private Ltd. Vs State Tax Officer (Int.) (Madras High Court) Madras High Court held that writ petition cannot be entertained as due procedure is followed by the department and there is no violation of principles of natural justice. Petitioner directed/ permitted to file a statutory appeal if aggrieved by the […]

Information vs. Information suggesting escapement of income from tax

February 21, 2023 3930 Views 0 comment Print

Dr. Mathew Cherian Vs ACIT (Madras High Court) Facts of the Case: 1. There was a survey in Kovai Medical Centre and Hospital (in short KMCH or hospital) by the officials of the Income Tax Department, on 11.2021. In the course of the survey, various documents were found and seized that, according to the respondents, […]

Direction given to submit an additional reply against notice issued u/s 174 of CGST Act

February 19, 2023 963 Views 0 comment Print

Madras High Court directed the petitioner to submit an additional reply to the Show Cause Notice issued under section 174 of the Central Goods and Service Tax Act 2017.

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