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In the case of an income tax refund that was sanctioned with interest but paid without it, the Madras High Court directed the Income Tax Department to acknowledge and dispose of the taxpayer’s representation regarding the unpaid interest. Vinplex India Private Limited, the applicant, submitted the writ petition asking for the interest to be filed […]
Under Section 73 of the Goods and Services Tax (GST) Act, the Madras High Court has set aside an order because the principles of natural justice were violated, as the date and time for a personal hearing were not specified in two successive show cause notices issued four months apart. The impugned order has been […]
The Madras High Court has addressed the GST (Goods and Services Tax) demand that arose due to discrepancies in the Income Tax Return (ITR) Form 26AS, inconsistencies in the Input Tax Credit (ITC) shown in GSTR-2A, and ITC reversals resulting from received credit notes. The court has directed the petitioner to seek resolution from the […]
The Madras High Court held that, according to Section 169 of the GST Act, service of notices and orders through the Common Web Portal is a valid mode of service. The claim that the GST portal is not specified as a “designated computer resource of the assessee” has been rejected by the bench. Therefore, under […]
D.S. Engineering has filed a writ petition challenging a GST order issued by the Deputy State Tax Officer-2, asserting that it violates the principles of natural justice. The company, which operates in the machinery and engineering components trading sector, has furnished its GST returns and paid taxes for the 2019-20 period. Discrepancies were discovered between […]
The High Court of Madras quashed the refusal of the GST Input Tax Credit (ITC) for late filing of GSTR-3B, mentioning the retrospective revision to the Central Goods and Services Tax(CGST) Act,2017. The applicant, Shanker Impexx, had contested the order passed by the first respondent dated 19.04.2023. The counsel of the petitioner said that the […]
In a recent ruling, the Madras High Court held that a works contract involving track doubling and associated infrastructure development under the purview of Rail Vikas Nigam Limited (RVNL) is subject to 12% GST, not 18% as claimed by the tax authorities. Justice Mohammed Shaffiq, delivering the judgment, emphasized that while exemption notifications should be […]
Discovering that the GST refund claim was filed within 2 years from the “relevant date” as specified in Explanation 2(a) to Section 54(14) of the CGST Act, the Madras High Court clarified that a refund claim cannot be refused based on the retrospective operation of the Proviso to Rule 90(3) of the CGST Rules. The […]
The Hon’ble Madras High Court of Madurai Bench in the case of M/s Modern India Products v. The Assistant Commissioner of Customs House IGST Section & Ors. [Writ Appeal (MD) No. 1559 of 2021 dated February 21, 2025], has permitted the refund claim via the taxpayer of the Integrated Goods and Services Tax (“the IGST”) […]
