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Search results for: Madras High Court

Exploring Five Significant GST Rulings in 2023

Explore 5 Essential GST Rulings for Professionals of 2023

The Goods and Services Tax rulings in 2023 were among the important legal decisions that shaped India’s taxation environment. Presenting Five Significant GST Rulings Below are the details of five significant cases related to input tax credit matching, hostel GST rate, registration cancellation, etc. Resolution of Hindustan Unilever’s Input Tax Credit Issues by Rajasthan High […]

FM: Council to Evaluate GST Registration Threshold Limit to ₹60 lakh

FM: Council Will Decide for GST Registration Threshold Limit to ₹60 lakh

Finance Minister Nirmala Sitharaman addressed Parliamentarians’ request to raise the GST registration sales threshold, stating that the GST Council can consider it. However, she emphasized that most small businesses should ideally be part of the GST framework. During her response on the Central Goods and Services Tax (Second Amendment) Bill, 2023 in Rajya Sabha, Sitharaman […]

Supreme Court's Order for Arvind Nandagopal

SC Rejects SLP as Tax Offence U/S 276CC Will Not Attract Without Evasion

The Supreme Court rejected the Special Leave Petition (SLP) stemming from a disputed judgment by the Madras High Court. The High Court ruled that the offence under section 276 CC of the Income Tax Act, 1961, doesn’t apply if there’s no tax evasion involved. The Commissioner of Income Tax had filed an SLP against Arvind […]

Kerala HC Order In Case of Badha Ram vs Intelligence Officer

Kerala HC: GST Officials Can Summon Power to Arrest U/S 69 If Tax Offence Made Out U/S 132

The Kerala High Court clarified that officials are authorized to use their power of arrest according to Section 69 of the Kerala State Goods and Services Act, 2017 if they have reasonable grounds to believe that an offence under Section 132 has occurred and that custodial interrogation is necessary. Section 132 (1) outlines penalties for […]

Madras HC's Order for East Coast Constructions and Industries Ltd.

GST Portal Technical Problems May Lead to The Setting Aside of an Order

The Madras High Court, in the case of East Coast Constructions and Industries Ltd. v. Assistant Commissioner [W.P. No. 26457 of 2023 dated September 11, 2023], granted the writ petition, overturning the Impugned Order. The Court directed the matter back to the Appellate Authority, emphasizing that the Petitioner hadn’t received a fair chance due to […]

Madras HC's Order for Tvl.Diamond Shipping Agencies Private Limited

When The GST Department Fails To Serve The Assessment Order, It Is Void

The Madras High Court (Madurai Bench) recently made a significant ruling in the case of M/s. Tvl. Diamond Shipping Agencies Pvt. Ltd. vs. Assistant Commissioner, Tuticorin [W.P. (MD) 6874 of 2023 dated August 29, 2023]. The court approved the writ petition and ruled that an assessment order cannot be issued without serving proper GST notice […]

Patna HC's Order for Aastha Enterprises

Buyers Can’t Claim GST Credit If Suppliers Fail To Pay Tax To Govt

In the case of M/s. Aastha Enterprises Vs. State of Bihar [CWJ 10395 of 2023 dated 18th August 2023] Hon’ble Patna High Court held that Input Tax Credit (ITC) is a benefit or concession granted to the assessee under the statutory scheme, rather than a right conferred upon them. In the case of M/s. Aastha […]

Mumbai ITAT's Order for Creative Textile Mills Pvt. Ltd

Mumbai ITAT: Employee Contributions to PF/ESI Can’t be Deducted After Due Date

Employees’ contribution to PF/ESI deposited post-due date under the Income Tax Act is not allowable as a deduction under Section 36(1)(va) of the Income Tax Act, 1961, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) stated. The taxpayer, Creative Textile Mills Pvt. Ltd. asks, on which foundation the Commissioner of Income Tax (Appeals) […]

Interest Calculation Under GST on Delayed Payment

Interest Calculation on Delayed GST Payment U/S 50(1)

Finance Bill 2019-20 revises the Central Goods and Services Tax (CGST) Act with retrospective effect by inserting a new proviso in section 50(1) to compute the interest on late GST payments. Due to this amendment, there is now an arbitrary and illegal distinction between the balance in the electronic credit register (ECrR) due on cash […]

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