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Search results for: Madras High Court

Madras High Court's Order for M/S Smt Ready Mix Concrete

Madras HC Directs the Reactivation of GST Registrations That Were Canceled Due to Non-Payment of Tax

The Madras High Court has directed the reinstatement of Goods and Service Tax (GST) registrations that were previously cancelled due to non-payment of tax. However, revival is contingent upon clearing any outstanding tax dues. M/S Smt Ready Mix Concrete, the petitioner in this case, contested the actions of the 1st respondent. They aimed to invalidate […]

Decoding GST Section 16(4) with Court Rulings on ITC

Exploring Section 16(4) of GST Act with Court Rulings on ITC

Section 16(4) of the Goods and Services Tax (GST) Act is the attractive provision permitting assessees to avail the ITC lessening the cascading effect that is in the VAT regime which came with the influential catches and setbacks levied in the form of the conditions to be fulfilled transferring the vested ITC nature to a […]

Madras HC’s Order for Rekha.S

Madras HC Nullifies GST Assessment Order Issued for Deceased Individual

The Madras High Court in the case of Rekha.S Vs. The Assistant Commissioner suppressed the GST assessment order passed against the dead person. Challenging the impugned order on 01.03.2023 this writ petition has been filed which has been passed by the respondent. The pertinent Council furnishes that beneath such possibilities, GST DRC-01A dated 06.07.2022 and […]

Madras High Court's Order for Smt.K.Malathi

Madras HC: No GST Liability on Director If it is Not Provable That the Company is Unable to Pay During Liquidation Proceedings

The recent ruling by the Madras High Court states that the director isn’t responsible for paying GST if it’s unclear whether the company can settle the dues during liquidation proceedings. During an inspection at SKMPL’s factory, State GST Officers seized documents leading to a show cause notice issued under Section 74 of the CGST & […]

Madras HC's Order for Mr S. Uttam Chand

Madras HC Cancels Reassessment of Agricultural Land Initiate Beyond 4Y After Disclosing ITR

The initiated reassessment has been quashed by the Madras High Court beyond 4 years on the disclosures of the sale of agricultural land in the income return at the time of the scrutiny assessment. The applicant’s case, Mr. S. Uttam Chand was that the present notice provided under section 147 of the Income Tax Act […]

Madras HC's Order in Case of M/s. Lenovo (India) Pvt. Ltd. Versus JCIT

Madras HC: Not Compulsory for Filing GST Refund Application Within Two Years

The Madras High Court ruled that the two-year limitation for filing the GST refund application is a directory and not obligatory. The Justice Krishnan Ramasamy bench noted that Section 54(1) of the CGST Act allows applicants to submit their applications within two years from the relevant date, suggesting it as an option rather than a […]

Madras HC's Order for Thorapadi Urban Co-op Credit Society Limited

Madras HC Cancels Reassessment Order and Allows Deduction on Interest Earned from Bank U/S 80P(2)(d)

The Madras High Court has ruled that Section 80P(2)(d) of the Income Tax Act does not apply to interest received from investments done in a cooperative bank. The court, in its decision to repeal the reassessment proceedings, relied on a previous decision given by a division bench in the case of Salem Agricultural Producers Co-operative […]

Madras HC's Order for Duraiswamy Kumaraswamy

Madras HC Permits FTC Claim as Form-67 Filed After ITR But Just Before Intimation

The Madras High Court has approved the Foreign Tax Credit (FTC) claim based on the submission of Form-67 after the Income Tax Return (ITR) filing but before receiving an intimation, deeming it as compliant. Justice Krishnan Ramasamy’s bench noted that initially, the returns were filed sans the FTC, but it was submitted before the final […]

Madras HC's Order for M/s Parle Agro Pvt. Ltd.

Madras HC: GST Council Does Not Have Authority to Classification of Flavoured Milk, 5% Slab Applicable

The Madras High Court ruled that the GST Council doesn’t have the authority to determine the classification of flavoured milk while providing relief to Parle Agro regarding its taxability. In a recent judgment, a single judge bench declared that flavoured milk should be subject to a 5 percent GST rate. This contrasts with the GST […]

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