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Water-logged land adjacent to agricultural land will be treated as agricultural land

July 16, 2018 1044 Views 0 comment Print

CIT Vs Shri. Shaji thomas (Kerala High Court) Assessing Officer had accepted the fact that 97.60 Ares of land sold by the assessee is agricultural land. In fact, the said finding was also on proof of specific agricultural operations having been undertaken in the said The adjacent land which is lying as Kayal land and […]

GST: HC directs to not to invoke bank guarantee if there is time to file Appeal

July 16, 2018 2550 Views 4 comments Print

I, therefore, dispose of this Writ Petition holding that the respondent will not invoke the bank guarantee for three months. In the meanwhile the petitioner may make all efforts before the 7th respondent to get an interim protection, pending appeal — adjudication.

HC on uploading Form GST TRAN-1 to take credit of Transitional ITC

July 16, 2018 891 Views 0 comment Print

Schwing Stetter India Ptd. Ltd. Vs Commissioner of GST & Central Excise (Madras High Court) The sum and substance of the prayer of the petitioners is that they are unable to upload Form GST TRAN-1 to take credit of the Input Tax /Service Tax/Central Excise Duty availed by them at the time of migration within […]

Adjudication proceedings on goods detained should be completed expeditiously: HC

July 14, 2018 774 Views 0 comment Print

The adjudication proceedings on the goods detained / seized should be completed expeditiously as the law itself provides for release of goods on fulfilment of prescribed condition.

E-way bill declaration made after detention of goods cannot absolve assessee from penalty

July 13, 2018 4476 Views 0 comment Print

Asstt. STO Vs Indus Towers Ltd. (Kerala High Court) In the present case the delivery chalan which accompanied the transport is one issued by the assessee respondent, over which the assessee has absolute control and could be subject to manipulation. The assessee having transported the goods with delivery chalan, could very well sell the goods […]

Goods not liable for confiscation for non compliance of GST rules in absence of taxable supply

July 13, 2018 3474 Views 0 comment Print

In one of the recent judgment of Kerala High Court in M/S Indus Towers Limited Vs. The Assistant State Tax Officer, it was held that goods cannot be confiscated for every non- compliance of the provisions of the act.

Addition U/s. 68 rw section 56: Addition for share premium in excess of Fair Value

July 12, 2018 3285 Views 0 comment Print

Sunrise Academy of Medical Specialities (India) (P.) Ltd Vs  ITO (Kerala High Court) (DB)  Any premium received by a Company on sale of shares, in excess of its face value; if the Company is not one in which the public has substantial interest, would be treated as income from other sources, as seen from Section […]

S. 254(2) Tribunal cannot condone delay in filing MA but HC can

July 12, 2018 3648 Views 0 comment Print

Though the Tribunal has no power u/s 254(2) to condone delay in filing the MA, the High Court has power under Articles 226 and 227 of the Constitution of India to do substantial justice by condoning the delay.

No service tax on Election Photo ID preparation under Photography Services

July 12, 2018 3546 Views 0 comment Print

Ms. Webel Technology Ltd. Vs Commissioner of Service Tax (Calcutta High Court) Petitioner was awarded two contracts for preparation of Electoral Photo Identity Card (EPIC). The petitioner has suffered the impugned show-cause notice calling upon the petitioner to pay service tax as according to the department, the preparation of EPIC includes taking of photographs of voters […]

GST: HC directs MP Govt to Remove Check posts

July 12, 2018 1119 Views 0 comment Print

The sole contention of the learned Senior Counsel for the petitioner is that after issuance of the notification, all the check posts have to be removed as GST regime has been introduced and, therefore, they cannot restrict or obstruct any of the vehicle from asking them to pay tax on the check posts except the GST.

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