Madras High Court directs T.N. Govt to follow property guideline values reduced by 33% in 2017 until next revision
9 months, 2 weeks ago

Madras High Court directs T.N. Govt to follow property guideline values reduced by 33% in 2017 until next revision

The Hindu  

The Madras High Court has nullified a decision taken by the Inspector General of Registration on March 30, 2023 to collect stamp duty and registration charges on the basis of guideline value fixed for immovable properties in 2012 without following a decision taken in 2017 to reduce those values by 33% A Division Bench of Justices S.M. The Bench held the government could revise the guideline value of properties only on the basis of the determination of those values by a State-level valuation committee and on receipt of recommendations from sub committees as required under Section 47AA into the Indian Stamp Act, 1899. Though the government contended that determination of new values by those committees would take at least a year and therefore, it had decided to augment the revenue of the public exchequer immediately by reversing the 2017 decision, the argument did not cut ice with the judges. The judges directed the government to follow the decision taken in 2017 until the guideline values get revised by following the due process of law.

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Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
1 month ago

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Live Law  

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute for granting any relief, by assuming jurisdiction under Article 226 of the Constitution. Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division …

Palaniswami demands DMK government to revoke hike in stamp duty
7 months, 1 week ago

Palaniswami demands DMK government to revoke hike in stamp duty

The Hindu  

AIADMK general secretary Edappadi K. Palaniswami on Sunday, May 12, 2023 demanded the DMK government to revoke the recent multi-fold increase in the stamp duty that has been brought into effect for several transactions. In a statement, Mr. Palaniswami also urged the DMK government to resume the old guideline value in line with the order of the Madras High Court. …

Property guideline values set for upward revision
7 months, 1 week ago

Property guideline values set for upward revision

The Hindu  

An elaborate exercise is under way to revise the Market Value Guidelines of immovable properties in Tamil Nadu. The process was initiated soon after the Madras High Court quashed a circular of the Inspector-General of Registration to collect stamp duty and registration charges on the basis of the guideline values fixed for lands in 2012, without following a decision taken …

Madras High Court Quashes Revision Order Passed Under TNGST Act Against Renault Nissan For Travelling Beyond The Scope Of Revision Proceedings
10 months, 1 week ago

Madras High Court Quashes Revision Order Passed Under TNGST Act Against Renault Nissan For Travelling Beyond The Scope Of Revision Proceedings

Live Law  

The Madras High Court has quashed the revision order passed under the Tamil Nadu Goods and Service Tax Act against Renault Nissan for travelling beyond the scope of revision proceedings.The bench of Justice Senthilkumar Ramamoorthy has quashed the revision order and remanded the matter for reconsideration. The Madras High Court has quashed the revision order passed under the Tamil Nadu …

Reopening Of Assessment Inspired From 'Review' & 'Change Of Opinion' By Subsequent AO Is Deprecated: Madras HC
11 months, 1 week ago

Reopening Of Assessment Inspired From 'Review' & 'Change Of Opinion' By Subsequent AO Is Deprecated: Madras HC

Live Law  

While setting aside the order disposing of assessee's objection for re-opening of assessment pursuant to the issue of notice u/s 148 of the Income tax Act, 1961 and the consequent reassessment order, the Madras High Court held that there is no scope for re-opening of the assessment, since the reasons cited for same was inspired from change of opinion of …

Dept.’s Personal Opinion Not Tangible Material For Reopening Assessment: Calcutta High Court Quashes Reassessment
1 year ago

Dept.’s Personal Opinion Not Tangible Material For Reopening Assessment: Calcutta High Court Quashes Reassessment

Live Law  

The Calcutta High Court has quashed the reassessment order on the grounds that the department’s personal opinion is not tangible material for reopening the assessment.The bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that unless glaring omissions are demonstrated or conditions precedent for exercise of the power to reopen assessment are not. The Calcutta High …

Madras High Court judge requested to recuse himself from hearing revision case against T.N. Minister Ponmudy’s acquittal in disproportionate assets case
1 year, 3 months ago

Madras High Court judge requested to recuse himself from hearing revision case against T.N. Minister Ponmudy’s acquittal in disproportionate assets case

The Hindu  

The Directorate of Vigilance and Anti-Corruption as well as Tamil Nadu Higher Education Minister K. Ponmudy on Thursday, September 7, 2023 requested Justice N. Anand Venkatesh of the Madras High Court to recuse from hearing a suo motu revision petition taken up by him against the acquittal of the Minister and his family members from a disproportionate assets case. In …

Tax Cases Weekly Round-Up: 6 August To 12 August, 2023
1 year, 4 months ago

Tax Cases Weekly Round-Up: 6 August To 12 August, 2023

Live Law  

Delhi High Court Case Title: PCIT Versus M/S Eltek Sgs Pvt. Case Title: Anokhi Realty Private Limited vs. Income Tax Officer 2023 LiveLaw 132 Case Citation: 2023 LiveLaw 132 The Gujarat High Court has quashed the income tax reassessment notice against a non-existent entity. Case Title: Commissioner Of Income Tax Versus Star Rays The Gujarat High Court has held that …

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]
1 year, 8 months ago

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]

Live Law  

Citations: 2023 LiveLaw 68 To 2023 LiveLaw 108 NOMINAL INDEX State of Tamil Nadu and others v. The Correspondent, 2023 LiveLaw 68 2023 LiveLaw 69 Dr. C Vijayabhaskar v. State of Tamil Nadu, 2023 LiveLaw 70 State v. Dadayutham @ Kannan and others, 2023 LiveLaw 71 Star Channel v. The Secretary to the Government and others, 2023 LiveLaw 72 Dr. …

Madras High Court recalls judgement passed by its former CJ, says it had been delivered without serving notice on respondent
1 year, 9 months ago

Madras High Court recalls judgement passed by its former CJ, says it had been delivered without serving notice on respondent

The Hindu  

The Madras High Court has recalled a judgement passed by the first Division Bench led by its former Chief Justice A.P. A Bench of Justices R. Subramanian and Govindarajan Thilakavadi recalled the judgement in its entirety after the High Court Registry filed a report conceding the contention of advocate M. Radhakrishnan that his client B. Vivekanandan was not served with …

Madras HC rejects writ appeal against review of patta granted for property at Cathedral Road
1 year, 9 months ago

Madras HC rejects writ appeal against review of patta granted for property at Cathedral Road

The Hindu  

The Madras High Court on Monday rejected a writ appeal filed by the Agri Horticultural Society against the dismissal of its writ petition challenging a suo motu review of patta granted to it by a Collector in 2011 for a sprawling property next to Semmozhi Poonga on Cathedral Road in Chennai. The Division Bench agreed with the single judge that …

Absence Of Material: Bombay High Court Quashes Reassessment Proceedings
1 year, 10 months ago

Absence Of Material: Bombay High Court Quashes Reassessment Proceedings

Live Law  

The Bombay High Court has quashed the reassessment proceedings as the issue of "large loans and advances" was not only raised during the scrutiny assessment but also responded to by the assessee.The division bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that between the date of the order of assessment, which is sought to be reopened, …

Madras High Court Bench imposes costs of ₹10 lakh on couple for attempting to grab property of SC person in Tirunelveli
1 year, 11 months ago

Madras High Court Bench imposes costs of ₹10 lakh on couple for attempting to grab property of SC person in Tirunelveli

The Hindu  

The Madurai Bench of Madras High Court has imposed exemplary costs of ₹10 lakh on a married couple for attempting to grab an immovable property owned by a person belonging to a Scheduled Caste. Justice Sathi Kumar Sukumara Kurup directed a sessions court in Tirunelveli to collect the amount of costs imposed on the couple, Shanmuganathan and Shanthi, and pay …

In The Absence Of A Full And True Disclosure, Reassessment Is Not Barred By Limitation: Madras High Court
2 years, 1 month ago

In The Absence Of A Full And True Disclosure, Reassessment Is Not Barred By Limitation: Madras High Court

Live Law  

The Madras High Court has held that the criminal investigation wing is separate and distinct from the assessment wing and that disclosure made before one wing will not exonerate the assessee from the requirement of making a "full and true disclosure" before the assessing officer in an assessment.The single bench of Justice Anitha Sumanth has observed that in the absence …

Setting Aside Of Assessment Orders By ITAT On Technical Grounds Will Not Lead To Automatic Quashing Of Criminal Complaint: Madras High Court
2 years, 6 months ago

Setting Aside Of Assessment Orders By ITAT On Technical Grounds Will Not Lead To Automatic Quashing Of Criminal Complaint: Madras High Court

Live Law  

The Madras High Court recently held that when an assessment order is quashed by the Income Tax Appellate Tribunal on technical grounds, the same cannot be made a ground to evade criminal prosecution before the concerned court under the Income Tax Act. ii)The assessment order passed by the Assessing Officer, confirmed by the CIT have been set aside by the …

Monthly Digest Of Tax Cases: May 2022
2 years, 6 months ago

Monthly Digest Of Tax Cases: May 2022

Live Law  

Indirect Taxes Supreme Court Case Title : Union of India and Anr versus M/s Mohit Minerals Through Director Citation : 2022 LiveLaw 500 In a significant verdict, the Supreme Court held that the recommendations of the GST council are not binding on the Union and the State Governments. Case Title: Seven Seas Hospitality Private Limited Versus PCIT Citation: 2022 LiveLaw …

Monthly Digest Of Tax Cases- April 2022
2 years, 7 months ago

Monthly Digest Of Tax Cases- April 2022

Live Law  

Indirect Taxes Supreme Court 1.Plea In Supreme Court Challenges The Constitutional Validity Of Levy Of GST On Lease/ Rent Payments Case Title: Myrayash Hotels Pvt. 2.Show Cause Notice Completely Deficient In Material Particulars: Delhi High Court Quashes GST Registration Cancellation Order Case Title: Fada Trading Private Limited Versus Commissioner Goods and Service Tax Citation: 2022 LiveLaw 328 The Delhi High …

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