HC
quashes show cause notices issued by Deputy Commissioner (CT) in exercise of
special powers u/s 32 of Tamil Nadu General Sales Tax Act seeking to
re-determine total taxable turnover of assessees, being barred by limitation
u/s 16 (dealing with escaped assessment); Notes that Section 32 allowed Dy.
Commissioner to suo moto revise / modify assessment order / proceedings if upon
enquiry it was found that same were prejudicial to interests of the Revenue;
However, such power could not be exercised if – (i) time for appeal against the
order had not expired, (ii) order had been made the subject of appeal /
revision, and (iii) more than 5 years had expired after passing thereof; HC
finds that in present cases, Dy. Commissioner had no new material to come to a conclusion
which warranted reopening of assessments and the averments set out in the show
cause notices did not reveal any independent enquiry having been made before
issuing them; Referring inter alia to Division Bench decision in A. Velayutha
Raja, HC holds that impugned show cause notices were wholly without
jurisdiction : Madras HC
Subscribe to:
Post Comments (Atom)
Karnataka HC holds HSNS Cess framework unconstitutional due to manner of Cess calculation
This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) [1] on the constitutional validity of Health Security se Natio...
-
ITC is blocked on motor vehicles having seating capacity ≤ 13 persons (including the driver) used for the transportation of persons. Furth...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Income Tax Department had clarify that the renting of mobile tower would attract lower TDS Deductions u/s. 194-I and not u/s...
-
Sr No Due Date Related to Compliance to be made 1 11.07.2026 GST ...
No comments:
Post a Comment