Madras High Court
For revenue
Case-law directory
Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
3 rulings found
Madras High Court
Where registered person failed to file annual return for period in dispute and was levied late fee, mere non- issuance of notice in Form GSTR-3A or non-adherence to SOP Circular did not nullify statutory obligation to file returns within prescribed schedule, thus imposition of late fee for non-filing of return was sustained and dismissal of writ appeal was upheld
Madras High Court
Where petitioner company was merged and after NCLT's approval, unutilized ITC and liabilities were transferred and department parallelly initiated audit-based and scrutiny-based proceedings for same period, audit and scrutiny notices could be issued separately as each arose from distinct processes; suppression of facts being disclosed as was required for invoking section 74, limitation period would be extended and, thus, SCNs could not be challenged filing writ petitions
Madras High Court
Where petitioner failed to furnish annual return in Form GSTR-9 by due date, statutory late fee under section 47 was attracted, as it applies to both belated filing and non-filing, making the imposition of late fee and penalty valid and argument that late fee is not leviable for non-filing, untenable. GST: Where taxpayer failed to furnish annual return in Form GSTR-9 and was levied both late fee and general penalty, since no separate penalty was prescribed for such non-filing, general penalty under section 125 was applicable in addition to late fee, so levy of both was justified and challenge by taxpayer was rejected