Madras High Court
High Courts
Rulings of the High Court of Madras, newest first.
4 rulings found
Madras High Court
Where adjudication order confirmed tax, interest and penalty, and assessee paid tax and interest leaving only penalty unpaid, DRC-07 was issued solely for penalty, rejection of appeal for non-payment of 10 percent pre-deposit of penalty was unsustainable as proviso to Section 107(6) applies only where order demands penalty without any tax, thus appeal was to be restored for adjudication on merits
Madras High Court
Where electronic credit ledger was blocked under Rule 86A for alleged wrongful ITC and petitioner filed appeal with pre-deposit from cash ledger, deemed stay operated for recovery of balance, so no appropriation could be made from blocked credit ledger or cash ledger, though blocking under Rule 86A continued and unblocking request required consideration by authorities
Madras High Court
Where assessee’s credit ledger was blocked under rule 86A pending appeal on wrongful ITC availment and statutory pre-deposit was made from electronic cash ledger, blocking under rule 86A remained provisional and capped at one year, deemed stay on recovery operated from appeal filing, prohibiting appropriation but not affecting ongoing blocking, thus unblocking request required consideration within rule 86A framework
Madras High Court
Where petitioner's electronic credit ledger was blocked under Rule 86A upon finding of bill trading by supplier, and petitioner sought to use blocked ITC for appellate pre-deposit under Section 49(4) read with Section 107, use of credit ledger for pre-deposit is ordinarily permitted but is barred when credit stands blocked, as Section 49(4) does not confer absolute right to such use during blockage