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Tag: Madras HC

GST ArticleHigh Court

GST registration cancelled due to non-filing of returns to be restored on filing of returns along with the tax and penalty

byCA Bimal Jain31/12/202231/12/2022

The Hon’ble Madras High Court in M/s Immanuvel Dharmaraja Store v. Appellate Deputy Commissioner (GST) [W.P. (MD) No. 23179 of 2022 dated October 10, 2022] has held that, GST registration shall be revived, in case where the GST Registration of…

GST ArticleHigh Court

Self-assessment of tax liability during Audit before June 30, 2019 can be consider as ‘Quantification’ under SVLDR Scheme, 2019

byCA Bimal Jain18/12/202218/12/2022

The Hon’ble Madras High Court (“the High Court”) in the case of M/s. Win Power Engineering Pvt. Ltd. v. The Designated Committee(W.P. No. 11785 of 2020) dated November 30, 2022 held that benefit under the Sabka Vishwas (Legacy Dispute Resolution)…

GST ArticleHigh Court

Chartered Accountants cannot be held guilty under PMLA merely on the ground of issuance of certificate in favour of accused

byCA Bimal Jain08/12/202208/12/2022

The Hon’ble Madras High Court (“the High Court”) in the case of Murali Krishna Chakrala Vs. The Deputy Director, Directorate of Enforcement (Criminal Revision Case No.1354 of 2022 and Crl. M.P.No. 14792 of 2022) dated November 23, 2022, held that…

High Court

Madras HC directs Department to Process ITC Claim Rejected Solely on the Basis of Inadvertent Error

byCA Bimal Jain25/11/202225/11/2022

The Hon’ble Madras High Court in the case of Abi Egg Traders v. Assistant Commissioner, Salem II Division, O/o The Assistant Commissioner of Goods and Services Tax Central Excise [W.P.No.3773 of 2020] ruled in favor of the assessee by directing…

GST ArticleHigh Court

Electronic filing of the reply of SCN is not mandatory in Form GST-DRC-06

byCA Bimal Jain26/10/202226/10/2022

The Hon’ble Madras High Court in Asia (Chennai) Engineering v. Assistant Commissioner (ST) (FAC) [W.P. (MD).Nos.13851 and 13870 of 2022 dated August 22, 2022] held that the filing of a reply to the show-cause notice in form GST-DRC-06 is not…

GST ArticleHigh Court

Quashed the detention order passed by non-jurisdictional authority

byCA Bimal Jain16/09/202221/09/2022

The Hon’ble Madras High Court in M/S Macmet Engineering Limited v. State Tax Officer (Intelligence) [W.P. Nos.19395 to 19399 of 2022 and W.P.M Nos. 14157 & 14159, 14158 & 14161, 14163 & 14167, 14160 & 14162, and 14164 & 14166…

GST ArticleHigh Court

Exporters cannot be denied the MEIS benefit due to technical error in the electronic system

byCA Bimal Jain11/09/202212/09/2022

The Hon’ble Madras High Court in M/s Gupta Hair Products (P) Ltd. V the Additional Director General of Foreign Trade [W.P.No.25860 of 2021 dated July 7, 2022] held that, due to technical error or lacunae in the electronic system, exporters…

GST ArticleHigh Court

No Service Tax to be levied on fitment and preparation of scalp to make Wig

byCA Bimal Jain25/08/202225/08/2022

The Hon’ble High Court of Madras in the matter of M/s White Cliffs Hair Studio Private Ltd v. Additional Commissioner, Office of the Principal Commissioner of CGST and Central Excise, Chennai [WP.No.12198 of 2019 dated July 08, 2018] set aside…

GST ArticleHigh Court

SC direction to Open GSTN portal available to “any aggrieved assessee”

byCA Bimal Jain20/08/202220/08/2022

The Hon’ble Madras High Court in M/s Proventus Life Sciences Pvt. Ltd, v. Revenue Department [W.P.No.7423 of 2019 & W.M.P.No.8093 of 2019 dated July 28, 2022] has clarified that the benefit of the Supreme Court decision directing the Government to…

GST ArticleHigh Court

Recording statement of accused is necessary pre-condition, before initiating proceedings for evasion of custom duty

byCA Bimal Jain16/08/202216/08/2022

The Hon’ble Madras High Court in J.Ananad and K.Sivamani v. The Assistant Commissioner of Customs, Customs Division, Nagapattinam [Crl.O.P.No.14526 of 2020 and Crl.M.P.No.5548 of 2020 dated July 20, 2022] held that, the Magistrate without examining any witnesses cannot take cognizance…

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