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Tag: Madras HC

ArticleGST Article

Purchase Tax Not Attributable to Buyer Where Vendor is Taxable but did not pay the tax

byCA Bimal Jain11/01/202611/01/2026

The Hon’ble Madras High Court in the case of M/s Light Roofing Limited held that purchase tax under Section 7A of the Tamil Nadu General Sales Tax Act, 1959, does not arise on the purchaser merely because the vendor did not pay the tax, when the transaction is otherwise one in which tax is actually payable by the vendor under the Act.

ArticleGST Article

No GST on corporate guarantees without consideration, when recipient is eligible for full ITC

byCA Bimal Jain03/01/202603/01/2026

The Hon’ble Madras High Court in the case of Amman Try Trading Company Private Limited held that the GST demand levied on corporate guarantee furnished without consideration was liable to be quashed due to Revenue’s failure to consider the Petitioner’s submissions based on CBIC’s Circulars

ArticleGST Article

GST DAILY – 499 : Assessee to be allowed to make pre-deposit amount inadvertently not deposited at time of filing appeal: HC

byCA Pradeep Modi25/12/202525/12/2025

THE HON’BLE MADRAS HIGH COURT IN THE CASE OF Tvl. Arun Traders V/s Union of India, decided on 8-4-2025

ArticleGST Article

GST DAILY – 488 : Final demand cannot exceed the amount specified in the SCN as per Section 75(7): HC

byCA Pradeep Modi17/12/202517/12/2025

THE HON’BLE MADRAS HIGH COURT IN THE CASE OF Tvl. Glo Shipping Logistics Pvt. Ltd. V/s State Tax Officer, decided on 26-3-2025

ArticleGST Article

GST DAILY – 484 : Benefit of rectification of clerical errors in return should be allowed despite limitation in portal software: HC

byCA Pradeep Modi17/12/202517/12/2025

THE HON’BLE MADRAS HIGH COURT IN THE CASE OF Principal Chief Commissioner of GST and Central Excise V/s Deepa Traders, decided on 1-4-2025

ArticleGST Article

GST DAILY – 481 : Order to be set aside due to lack of hearing opportunity to assessee: HC

byCA Pradeep Modi16/12/202517/12/2025

THE HON’BLE MADRAS HIGH COURT IN THE CASE OF Tvl. Metal Smith India Pvt. Ltd. V/s Assistant Commissioner (ST)

ArticleGST Article

Neeyamo Enterprise Solutions Pvt. Ltd. vs. CTO (Madurai)

bySudeep Manek16/12/202516/12/2025

The author would like share his inference drawn on Case: Neeyamo Enterprise Solutions Pvt. Ltd. vs. CTO (Madurai), Madras High Court (Madurai Bench) – Order dated 11.11.2025 (W.P.(MD) Nos. 30453 to 30458 of 2024). This represents Section 74 of CGST Act dealing with non-payment/ short payment due to fraud, willful misstatement, suppression.

ArticleGST Article

GST DAILY – 474 : Refund directed with interest as administrative circulars cannot prevail over statutory rules: HC

byCA Pradeep Modi14/12/202514/12/2025

THE HON’BLE MADRAS HIGH COURT IN THE CASE OF Carbolase Technologies V/s Assistant Commissioner of Customs, Tuticorin, decided on 21-2-2025

ArticleGST Article

GST DAILY – 473 : Department was directed to process refund as circular can’t restrict GST refund for exporters claiming higher duty drawback: HC

byCA Pradeep Modi14/12/202514/12/2025

THE HON’BLE MADRAS HIGH COURT IN THE CASE OF Avian International V/s Assistant Commissioner of Customs, Tuticorin

ArticleGST Article

Tax liability under Section 79 sustains where services were rendered but payment was not received

byCA Bimal Jain04/12/202504/12/2025

The Hon’ble Madras High Court in Sudhan VFX quashed the final demand and intimation notice raised under Form GST DRC-01D by the adjudicating authorities under Section 79 of the TNGST Act.

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