Kerala High Court

Income from licensing of running hotel is business income

Palmshore Hotels (P) Limited Vs. Commissioner Of Income Tax (Appeals)- I (Kerala High Court)

All these, provisions of agreement would, therefore, indicate that license that has been granted is that of a fully established running hotel authorizing the licensee to operate the hotel for a specified period subject to the terms and conditions incorporated therein....

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CIT (Appeal) cannot introduce in the Assessment a new source of income

CIT Vs. Shri. B.P. Sherafudin (Kerala High Court)

It is not open to the Appellate Commissioner to introduce in the Assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment....

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Sec. 11 Interest on donation exempt if same forms part of corpus on donor instruction

Commissioner of Income Tax Vs M/s Mata Amrithandamayi Mata (Kerala High Court)

CIT Vs M/s Mata Amrithandamayi Mata (Kerala High Court) A reading of Section 11 shows that subject to the provisions of Sections 62 and 63, the incomes enumerated therein shall not be included in the total income of the previous year of the person in receipt of the income. The person in receipt of the […]...

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Tribunal bound to consider alternative claim to grant benefit U/s. 10A when Appellant was denied exemption u/s. 10B

CIT Vs. Ms Flytxt Technology P. Ltd. (Kerala High Court)

CIT Vs. Ms Flytxt Technology P. Ltd. (Kerala High Court) Admittedly, the assessee initially claimed the benefit of Section 10B which was allowed by the Assessing Officer. Only when the Commissioner was seized of the proceedings under Section 263, the assessee raised an alternative claim for the benefit of Section 10A. The Commissioner did...

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Dept cannot deviate from GST law prescribed for release of detained Goods

Madhu M.B vs The Commercial Tax Officer (Kerala High Court)

Madhu M.B vs The Commercial Tax Officer (Kerala High Court)- It was held that where as the statutory provisions in relation to search, seizure, detention and release thereof is provided under section 129 of CGST Act, 2017, the Department cannot deviate from the said provisions in order to pass an order which is against such provisions con...

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Interest on loan to bring into Existence a Showroom is Revenue Expenditure

The Commissioner of Income Tax Vs. M/s. Joy Alukkas Traders (India) Pvt. Ltd. (Kerala High Court)

Whether on the facts and in the circumstances of the case the interest paid on money borrowed to bring into existence a show room (according to the revenue an income earning apparatus) is a revenue expenditure?...

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State has no Power to make Rules to regulate Inter-State movement of Goods under GST

M/s Ascics Trading Company Vs. The Assistant State Tax Officer (Kerala High Court)

Neither the State Legislature nor the State Government would have the power to make laws/ rules to govern interstate movements of goods in the course of trade, and for the purposes of levy of tax, ...

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Bad Debts deductible if same been taken into a/c in computing income of an earlier previous year

Stock point Share Services Private Ltd Vs. The Assistant Commissioner Of Income Tax (Kerala High Court)

In Stock point Share Services Private Ltd v. ACIT, Justices Antony Dominic and Dama Seshadri Naidu of Kerala High Court held that in order claim deduction in respect to bad debts under section Section 36(1)(vii) of the Income Tax Act, the assessee has to fulfill two conditions, i.e, (i) the bad debt has been written off and (ii) that the ...

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Release Seized Goods on payment of 50% of demand as per GST: Kerala HC

Tne Commercial Tax Officer Vs Intelligence Inspector (kerala High Court at Eranakulam)

The respondent herein, a dealer registered under the KVAT Act and migrated to CGST Act, had purchased a consignment of plywoods from a manufacturer at Perumbavoor, and was transporting the same. The goods were detained by the appellants and Ext.P5 notice under Section 129(3) of the Central/State Goods and Services Tax Act, 2017 was issued...

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Assessee could be taxed only for the income that it has derived

CIT Vs M/s Olam Export (India) Ltd. (Kerla High Court)

These Income Tax appeals are filed by the Revenue aggrieved by the order passed by the Income Tax Appellate Tribunal, Cochin Bench allowing I.T.A. Nos. 428 & 429 of 2002 filed by the respondent/assessee concerning the assessment years 1997-98 and 1998-99....

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