Kerala High Court

Expense allowable on accrual of liability for payment or expenditure

CIT Vs M/s. Oberon Edifices & Estates (P) Ltd (Kerala High Court)

Hon’ble High Court of Kerala which held that an expenditure to be incurred in future in respect of a liability that accrued during the related accounting would be eligible for a deduction. ...

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Kerala HC Order on Puducherry registered Motor Vehicles

Sabu Johny Vs State of Kerala (Kerala High Court)

Sabu Johny Vs State of Kerala (Kerala High Court) (a) Section 3(6) of Motor Vehicles Taxation Act, 1976 is within the competence of State legislature and Section 3(6) is not in any manner repugnant to Chapter IV of Motor Vehicles’ Act, 1988 or ultra vires Act 1976. Section 3(6) therefore is valid and legal. (b) The registration [&...

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Debenture redemption Premium allowable in each year covered by debentures

CIT Vs M/s Apollo Tyres Ltd (Kerala High Court)

Loss on account of issuance of debentures at premium was expenses for the borrowing and therefore, was allowable as deduction u/s 37 in computing the income however, the loss suffered had to be applied in respect of each year covered by debentures, to an appropriate extent....

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Addition for Unexplained cash credits cannot be made for doubt on source of credit

CIT Vs M/s. Sree Ganesh Trading Company (Kerala High Court)

CIT Vs M/s. Sree Ganesh Trading Company (Kerala High Court) Conclusion: AO was not justified in making addition to the income of assessee under section 68 on account of alleged unexplained credits as assessee-firm had proved identity, creditworthiness of the creditors from whom it had received credits and if AO had doubt on the source [&h...

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Deduction u/s 36(1)(va) allowable on contribution to staff welfare fund A/c

CIT Vs M/s. Muthoot Finance Ltd. (Kerala High Court)

Assessee-employer had  contributed a specific amount to each employee which was credited to a Staff Welfare Fund Account alongwith interest thereon and the amounts retained with the employer and the interest accrued in the name of a particular employee, was taxed in the hands of that employee. Hence though there was a common fund and acc...

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Goods detained shall be released to petitioner on furnishing bank guarantee: HC

M/s. Asian Paints Vs Assistant State Tax Officer (Kerala High Court)

I am of the view that the goods detained shall be released to the petitioner on furnishing bank guarantee in terms of the order passed under Section 129(1)(a) of the CGST Act, 2017. The petitioner shall file an appeal within a period of one month....

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GST: HC remanded back the matter to Single Bench, which was dismissed without considering merits

M/s. Sangeetha Jewellery Vs The State Tax Officer (Kerala High Court)

M/s. Sangeetha Jewellery Vs State Tax Officer (Kerala High Court) In this writ appeal it is mainly contended that the dismissal of the writ petition is erroneous on the ground that the judgment in M/s Sheen Golden Jewels (India) Pvt. Ltd. (supra) covers only the question regarding constitutional validity of Section 174 of the KSGST [&hell...

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No deduction u/s 36(1)(va) if payment made after due date prescribed in respective statute

CIT Vs M/s. Harrisons Malayalam Ltd. (Kerala High Court)

Deduction under Section 36(1)(va) with regard to Employees' Provident Fund, Labour Welfare Fund and Employees' State Insurance was not  allowable where contribution had been made after the due date prescribed in the respective enactments....

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3 year delay in Section12A registration application condoned by HC

CIT Vs Cochin Port Trust (Kerala High Court)

Delay of three years in filing of application for registration under section 12A was condonable as assessee which was enjoying exemption from income-tax from its inception was suddenly faced with the prospect of being made liable under the taxing statute and due to same, assessee had filed applications under Section 12AA with considerable...

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Disciplinary proceedings against CIT cannot be quashed prior to conclusion of enquiry

Shantam Bose Vs Union of India (Kerala High Court)

Shantam Bose Vs. Union of India (Kerala High Court) After the initiation of proceedings the petitioner was promoted to the post of Commissioner of Income-tax (Appeals) as per order dated 12.1.2012. According to him, the factum of his promotion to higher post is indicative of the fact that the official respondents are not considering the ...

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