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    <title>2024 (2) TMI 714 - MADRAS HIGH COURT</title>
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    <description>Impugned GST assessment orders were challenged for breach of natural justice and non-application of mind, alleging the replies were not considered. On reverse charge liability relating to director&#039;s remuneration, the record showed the taxpayer had specifically stated that remuneration was paid to its managing director; therefore, the finding that it failed to clarify the director&#039;s status was unsustainable, requiring reconsideration. On tax, interest and penalty levied on &quot;miscellaneous expenses,&quot; the authority mechanically applied tax on total heads of expenditure despite reliance on exemption notifications and assertions that several purchases were from registered dealers; this was held to be without proper application of mind, necessitating remand. On exempt turnover, despite reliance on Notification No.12/2017 for exempt training/coaching in art and culture, the authority erroneously treated the activity as sale of artworks; the assessment orders were set aside and remanded for fresh consideration.</description>
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    <pubDate>Thu, 08 Feb 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=449563</link>
      <description>Impugned GST assessment orders were challenged for breach of natural justice and non-application of mind, alleging the replies were not considered. On reverse charge liability relating to director&#039;s remuneration, the record showed the taxpayer had specifically stated that remuneration was paid to its managing director; therefore, the finding that it failed to clarify the director&#039;s status was unsustainable, requiring reconsideration. On tax, interest and penalty levied on &quot;miscellaneous expenses,&quot; the authority mechanically applied tax on total heads of expenditure despite reliance on exemption notifications and assertions that several purchases were from registered dealers; this was held to be without proper application of mind, necessitating remand. On exempt turnover, despite reliance on Notification No.12/2017 for exempt training/coaching in art and culture, the authority erroneously treated the activity as sale of artworks; the assessment orders were set aside and remanded for fresh consideration.</description>
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