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Search results for: Madras High Court

Madras HC's Order for Great Heights Developers LLP

Madras HC Orders GSTAT to Review Appeal on Excellence as Delayed Due to Illness

The Madras High Court directed the Goods and Services Tax Appellate Authority to regard a GST petition on merits, following the appellant’s illness, which resulted in a delay of 144 days, beyond the condonable delay of 120 days. The petitioner contested the order insofar as the levy of penalty and interest under Section 73(9) and […]

Madras HC's Order for M/s.Thillai Agencies

Madras HC: No Real Invoice from a Registered Dealer, ITC Reversal By Dept. Doesn’t Amount to Double Taxation

If an enrolled dealer availed for any advantage under Section 19 of the TNVAT Act 2006 then he needed to comply with the norms mentioned in the stated section, Madras High Court ruled. The applicant did not deliver the original tax invoice from a registered dealer, and thus, he is unable to complain that the […]

Madras High Court's Order For Titan Company Ltd

Madras HC: The Clustering of GST Show Cause Notices Contradicts the Intent of Section 73

The bunching of the show cause notice ( SCN ) is against the spirit of provisions of Section 73 of the Central Goods and Service Tax Act, 2017 ( CGST Act ), the Madras High Court recently observed. On behalf of the petitioner N.L.Rajah Senior Counsel appearing presented that the first grievance of the applicant […]

Madras HC's Order for Flow Link Systems Pvt. Ltd.

Madras HC: GST Refund Must be Examine on Documents Related to ITC Availing & Zero-Rated Products Exporting

During remanding the matter the Madras High Court ruled that the refund claim needed to be examined and determined established on the documents related to the claiming of the ITC and the export of the product on zero-rated grounds. The petitioner has incurred the GST refund claims on time and cannot be faulted for the […]

Madras HC's Order for M/s. Eicher Motors Limited

Madras HC: Interest Can’t Be Imposed for Delayed GSTR-3B Filing if Payment is Deposited Within Due Date

In the case involving M/s. Eicher Motors Limited versus the Superintendent of GST and Central Excise, the Madras High Court has ruled that no interest should be imposed if the Goods and Services Tax (GST) is deposited within the stipulated due date, even if the GSTR-3B filing is delayed. The petitioner, a well-known manufacturer specializing […]

Madras HC's Order for M/s Tulip Nilgiris Exports Pvt. Ltd.

Madras HC: Claim of GST Refund Must Submitted within 2 Years from the Date of Export

The Madras High Court has ruled that a claim for an Integrated Goods and Services Tax (IGST) refund must be submitted within two years from the relevant date, computed from the export date of the goods through any mode. Justice Senthilkumar Ramamoorthy’s bench noted that the refund claim in question pertains to exports conducted between […]

Madras High Court's Order for M/s.A.H. Enterprises

Madras HC: Before Placing A GST Order, It Is Mandatory to Have a Personal Hearing Opportunity

A.H. Enterprises Vs Deputy Commercial Tax Officer (Madras High Court) The Madras High Court in a significant judgment, in the case of A.H. Enterprises vs. Deputy Commercial Tax Officer [Writ Petition No. 35894 of 2023 dated January 04, 2024], highlighted the mandatory need to furnish a personal hearing under Section 75 of the Tamil Nadu […]

Madras HC's Order for Mr. V.S.K. Traders and Services

GST: Madras HC Directs Respondents to Issue a New SCN, No Hearing Opportunity Was Given

The Madras High Court has nullified the decision to revoke the Goods and Service Tax registration without affording the petitioner an opportunity for a hearing. The court has instructed the respondents to issue a new show cause notice under the law within a three-week timeframe. The petitioner, Mr. V S K Traders & Services, contested […]

Madras HC's Order for Anamallais Bus Transports P Ltd

Madras HC: Tax Penalty U/S 271E Can’t Be Imposed On Loan Compensation in Absence of Cash Settlement

In the scrutiny of a loan transaction between two entities, where the borrower’s liability decreased in the accounts by the amount paid to settle the assessee’s obligation, the Madras High Court determined that this transaction seems to comply with the law. The court explicitly stated that the penalty under Section 271E of the Income Tax […]

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