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Search results for: Madras High Court

Madras HC's Order in The Case of M/s.Ragem Motors vs. The State Tax Officer-IV (Inspection)

Madras HC Rejects GST Demand on Non-Taxable Receipts, Citing Statutory Remedy

The writ petition has been dismissed by the High Court of Madras, contesting the Goods and Service Tax (GST) demand on non-taxable receipts, mentioning the availability of a statutory remedy. The applicant/taxpayer, Ragem Motors, contested the assessment order furnished via the respondent for the AY 2017-18 via the same writ petition. The Court addressed the […]

Madras HC's Order in The Case of Sri Dhanalakshmi Steels vs. The Assistant Commissioner (st)

Madras HC: GST Order Under Section 17(5) Invalid Due to Missing Reason

The Madras High Court ruled that the order of Goods and Service Tax (GST) refusing Input Tax Credit (ITC) by invoking section 17(5) of the GST Act, 2017, was set aside without pointing out the reason. The Madras High Court set aside a Goods and Services Tax (GST) order refusing Input Tax Credit (ITC) under […]

SC's Order In Case of M/S HCC-SEW-MEIL-AAG JV vs. Assistant Commissioner of State Tax

Supreme Court to Rule on Extension of GST SCN Adjudication Timeline Under CGST Act

The Apex court is to decide whether the time limit for adjudicating the show cause notice and passing an order could be extended via the issuance of the notifications u/s 168-A of the CGST Act. The same provisions provide the authority to the government to issue the notification for extending the time limit specified under […]

Madras HC's Order in the Case of Chetna Steel Tubes Private Limited Vs GSTN

Madras HC Affirms Right to Tax Refund for Excess GST Paid During Goods Detention

The Madras High Court, in the case of Chetna Steel Tubes Private Limited v. Goods and Service Tax Network, has dismissed the petitions contesting a 2018 circular for the tax obligation u/s 129 of the CGST Act. The applicant argued that filing the tax at both the detention phase and in regular GST returns amounted to double […]

Madras HC's Order In Case of M/s.Annai Angammal Arakkattalai (Pre Mahal) vs The Joint Commissioner or GST (Appeals)

Madras HC: GST Registration and Tax Payment After Inspection Are Not Voluntary Acts

The Madras High Court Single Bench of Justice K Kumaresh Babu in a decision mentioned that the act of availing a Goods and Services Tax (GST) registration and paying tax dues post inspection could not be cited as voluntary, keeping the levying of penalty on the GST taxpayer. The writ petition was furnished contesting the […]

Madras HC's Order In Case of Tvl.Jainsons Castors and Industrial Products vs. The Assistant Commissioner

Madras HC Directs Re-assessment of Tax Disputes Due to Vehicle Supplier’s Lack of Awareness of GST Proceedings

A relief is been granted by the Madras High Court to a supplier of purpose-built automotive vehicles, realizing their right to take reassessment following their failure to participate in assessment proceedings due to not being learnt with the initiation of such proceedings performed via the Revenue Department. Petitioner Tvl.Jainsons Castors and Industrial Products (Jainsons) contested […]

Madras HC's Order in Case of The Nilgiri Dairy Farm P.Limited vs. The Assessment Commissioner (ST)

Madras HC Orders Re-Adjudication in GST ITC Mismatch Case, Directs Assessee to Pay 10% of Disputed Tax

The Madras High Court in a judgment for the mismatch in the ITC claim under Form GSTR-3B and auto-populated GSTR-2A asked the applicant to file the 10% of the disputed tax amount while passing an order for re-adjudication by the tax authorities based on new material. The Nilgiri Dairy Farm P.Limited, (Nilgiri) submitted a Writ […]

Madras HC's Order In the Case of Tvl Ponnusamy vs. The Deputy Commissioner

Madras HC Condones 78-Day Delay in Filing Appeal Due to Petitioner’s Lack of Awareness of GST Notice

The Madras High Court in a decision condoned a 78-day delay in filing a plea to the GST appellate authority, mentioning the absence of the applicant’s awareness of the notices uploaded on the GST portal and the returns furnished via a part-time accountant. The applicant, Ponnusamy is a taxpayer who furnished the returns via a […]

Gauhati HC's Order In the Case of Shri Shambhu Prasad Vs. State of Assam

Gauhati High Court: SCN, Statement and GST Order U/S 73 Must Be Signed by Proper Officer

It was carried by the Gauhati High Court that the Show cause notice issued before the taxpayer under section 73 of the Central Goods and Services Tax Act, 2017, the Statement issued with the SCN as well as an Order passed u/s 73(9) must mandatorily be signed via the authorised Officer. Justice Soumitra Saikia noted […]

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