It is observed that sometimes Assessee ask for further time to submit additional information during hearing and then to his surprise order get passed before additional submission.
Lawgics – Judgment No. 117
Lawgics by Advocate and Author Nidhi Aggarwal. Judgment no. 117
Demand should not be raised when negative taxable and invoice value arise due to erroneous reporting of Credit Notes
The Hon’ble Madras High Court in the case of Oasys Cybernetics Private Limited disposed of the writ petition by setting aside the assessment order in case where the total taxable and invoice value was in negative due to erroneous reporting of Credit Notes as Input Tax Credit, thereby holding that, the demand should not be raised when there is no loss caused to the government in the aforesaid scenario.
Lawgics – Judgment No. 112
Lawgics by Advocate and Author Nidhi Aggarwal. Judgment no. 112
Assessment Order quashed when Assessee incorrectly reported turnover in GSTR-1 but correctly in GSTR-3B
The Hon’ble Madras High Court in the case of Southern Engineering Services allowed the writ petition and set aside the Assessment Order thereby holding that, the Assessment Order is liable to be quashed in case where Assessee incorrectly reported turnover in GSTR-1 but correctly in GSTR-3B.
GST DAILY – 199
HC directed dept. to serve notice through another mode if reply issue not received on emailed notice
Assessing Officer is to consider the Assessee’s reply with an open mind before concluding the assessment
The Hon’ble Madras High Court in the case of SL Lumax Ltd. disposed of the writ petitions by holding that the SCN issued to the Petitioner were prima facie indicative of pre-judgment and directed the assessing officer to conclude the assessments after considering the Petitioner’s materials, including HSN Explanatory Notes and relevant judgments.
Lawgics – Judgment No. 105
Lawgics by Advocate and Author Nidhi Aggarwal. Judgment no. 105
Madras High Court strikes down part of CBDT circular that denied time extension for seeking tax exemption
The Madras High Court has struck down a part of a circular issued by the Central Board of Direct Taxes that denied extension of the time limit for submitting applications by newly established trusts for availing of income tax exemptions under 80 G of Income Tax Act, 1961.
Tax Liability cannot be imposed merely because the financial statement did not provide State-wise turnover
The Hon’ble Madras High Court, in the case of Tvl. Future General India Insurance Co. Ltd. held that an assessment order passed by the Assessing Officer, had accepted the explanation of the assessee with regard to certain defects but had imposed GST at rate of 36% instead of 18 % on the ground that the financial statements submitted by the assessee did not reflect state-wise turnover, the impugned assessment order was to be set aside, and the matter was to be remanded to the Competent Authority for reconsideration.