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Search results for: Madras HC

Madras High Court's Order for Ramco Cements Limited

Madras HC: Order Handed by Directing to IT Section 144(C)(1) to be Construed Primarily as a Draft Assessment

Madras High Court in a significant ruling, observed that the order passed referring to Section 144(C)(1) of the Income Tax Act, 1961 is to be construed only as a draft assessment order. The petitioner’s case is that the petitioner filed an income return dated 09.03.2022 and subsequently filed revised returns dated 31.03.2022. Since variation in […]

Madras HC’s Order for Mookambikaa Ladies Hostel

Madras HC: Women’s Hostels Are Exempted from GST as They Are Not Being Used for Commercial Purposes

The Madras High Court, Goods and Services Tax will not be charged on hostels as it comes under the purview of ‘Residential Dwelling For Use as Residence’ under Entry Nos.12 and 14 of the GST notification No. 12/2017-Central Tax (Rate) on June 28, 2017. The bench of Justice Krishnan Ramasamy said that renting out the […]

Madras High Court's Order for Vijaykumar

Madras HC: A Lower GST ITC than the Amount Reflected in GSTR-2A is Clear Evidence of Non-Application

The assessment order is been quashed by the Madras High Court which said that the applicant claimed a lower amount as ITC compared to the amount shown in the auto-populated GSTR 2A return. The ITC has wrongly claimed the ITC, which specifies the non-application of mind. Concerning the interest liability for the late filing of […]

Madras High Court's Order for K.N.Subramaniam

Madras HC: Recovery Officer Can’t Invalidate a Sale Made by an Individual in Favour of a 3rd Party

The Madras High Court ruled that a tax recovery officer could not declare a sale that the taxpayer made in favor of a third party void if he discovers that the property of the taxpayer was transferred by the taxpayer to a third party to defraud the revenue. The bench of Justice C. Saravanan has […]

Madras HC's Order for T.V.L. Hansraj and Company

Mismatch GSTR 3B & 2A: Madras HC Overturns the Decision of GST ITC Denial Due to Incorrect GSTIN

The Goods and Services Tax ( GST ) assessment order is been quashed by the Single Bench of the Madras High Court where the applicant was disallowed from claiming the Input Tax Credit for incorrectly mentioning the Goods and Services Tax Identification Number ( GSTIN ) unintentionally. The applicant contested the GST assessment order through […]

Madras HC’s Order for M/s.Sri Sasthaa Constructions

Madras HC Instructs AO to Permit Credit of Purchase Tax Paid Under TNGST Act, 2017

The Madras High Court ruled the Assessing Officer (AO) to permit the transitional credit of purchase tax paid under Section 140 of the TNGST Act, 2017, if the applicant had paid “purchase tax” under Section 12(1) of the TNVAT Act. The bench of Justice C. Saravanan noted that the applicant deserves an opportunity to safeguard […]

Madras HC's Order for Balaji Electrical & Hardwares

Madras HC: If An Assessment Order Doesn’t Meet Conditions Defined in GST Section 74, It Is Considered Invalid

Delhi High Court in a judgment stressed the importance of complying with the statutory needs laid out in Section 74 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act), in the case of Balaji Electrical & Hardwares Vs State Tax Officer (ST). The very ruling has set a precedent, assuring that the […]

Madras HC's Order for Reckitt Benckiser (India) Limited

Madras HC Criticizes the Way AO to Classify Harpic and Lizol Under 28% GST Rate

The Madras High Court ruled that Ao’s classification of Harpic and Lizol under the 28% GST slab rate is without consideration. The bench of Justice Mohammed Shaffiq noted that when complaints are raised, a duty is cast on the assessing authority to apply its mind to the objections and deal with each one of them. […]

Madras HC's Order for M/s.Shree Shyama Traders

Madras HC Directs Reassessment Order Concerning GST ITC Reversal & Bank Attachment

In a ruling, on the importance of procedural fairness in tax assessments, the Madras High Court has set aside an assessment order against Shree Shyama Traders, arising from an issue towards Input Tax Credit (ITC) reversals and a consequential bank attachment order. The same decision, dated back to the proceedings begun in 2023, emphasizes the […]

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