GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2015 (10) TMI 1572 - MADRAS HIGH COURT

2015 (10) TMI 1572 - MADRAS HIGH COURT - TMI - Short payment of tax - omission to report purchases in the return vis-a-vis the books of accounts - Held that:- When there is no assessment order or notice issued, the impugned notice of demand of cash amount is wholly untenable and illegal in terms of Section 269 B of the Income Tax Act. Therefore, the impugned order is quashed - It is brought to the notice of this Court by the learned counsel appearing for the petitioner that one cheque amount has .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

- Decided in favour of assessee. - W.P.No.17355 of 2015 And M.P.No.1 of 2015 - Dated:- 18-6-2015 - MR.JUSTICE T.RAJA, J. For Petitioner : Mr.N.Prasad For Respondent : Mr.S.Kanmani Annamalai Additional Government Pleader (T) ORDER This writ petition has been filed by Crescent Trade Links represented by its Managing Partner A.A.Mohammed Ziaudeen, seeking Writ of Certiorarified Mandamus calling for the records on the files of the first respondent in TIN: 33721762525/2015-16 dated 05.06.2015, to qua .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ore. Whileso, there was an inspection at the premises of the petitioner on 10.04.2015. In the course of the inspection various allegations were made against the petitioner with regard to the short payment of tax. The following defects were also pointed out: i.There was an allegation of omission to report purchases in the return vis-a-vis the books of accounts. ii.There was an allegation that the petitioners have recovered additional amounts from the buyers in comparison with that mentioned in th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ccept the explanation and arbitrarily arrived at alleged tax demand of ₹ 42,72,722/-. The second respondent once again arbitrarily demanded payment of the same and asked for issuance of the cheque. Accordingly, to avoid embarrassment and further not to precipitate the issue, the petitioner was compelled to issue two cheques namely, cheque no.188422 dated 10.04.2015 for ₹ 16,00,000/- and cheque no.188423 dated 10.04.2015 for ₹ 20,00,000/-. Petitioner immediately at the time of i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rty in question explaining the assessment period 2014-15 is deemed to be completed under Section 22(2) of the TNVAT Act, if recovery is sought to be initiated there has to be a re-assessment under Section 27 of the TNVAT Act. That apart the impugned notice also refers to arrear under Section 42 of the Act which segregation would be arrived only after completion of the assessment and demand in Form 'O'. But in the present case, neither of the two situation has been complied with by the re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

12-7-2017 CGST Rate

More Notifications


Latest Circulars:

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

13-7-2017 Central Excise

13-7-2017 Customs

12-7-2017 Goods and Services Tax

More Circulars



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version