Kerala High Court

GST Council not to adjudicate on Representations under GST

Union of India Vs Shiyaad (Kerala High Court)

Union of India Vs Shiyaad (Kerala High Court) Respondents, members of the Plastic Recycling Industrial Association’ had sent a representation to the GST Council on 27.07.2017 by post alleging that levy of 18% GST on recycled plastic products had made adverse impact on that industry; that a prayer was made for completely withdrawing ...

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HC orders release of detained goods on Compliance with GST Rule 140(1)

Rajan Joseph Vs Asstt. State Tax Officer & Ors. (High Court Kerala)

It is seen that an identical matter has been disposed of by a Division Bench of this Court in W.A. No. 1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of rule 140(1) of the Kerala Goods and Services Tax Rules, 2017....

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Rent from letting out shop rooms in mall taxable as Business Income

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

Amount received by letting out the shop rooms in the mall is business income taxable under the head Profits and gains of business....

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Tax payable on Capital Gain if Possession handed over despite subsequent agreement cancellation

CIT Vs Harbour View (Kerala High Court)

CIT Vs Harbour View (Kerala High Court) We find that the Tribunal went wrong in holding that the possession was not handed over in pursuance of the agreement for sale as contemplated under section 53A of the TP Act. Once the sale agreement comes under the provisions of section 53A of the TP Act, handing […]...

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Share issue expenses can be claimed u/s 35D by banks as preliminary expenses

Dhanalakshmi Bank Ltd. Vs CIT (Kerala High Court)

Deduction under section 35D for amortisation of preliminary expenses in connection with the issue of shares for public subscription was allowable to assessee bank extending financial services. ...

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Gain on sale of agricultural land after conversion into plots not exempt from tax

Synthite Industrial Ltd. Vs CIT (Kerala High Court)

Synthite Industrial Ltd. Vs CIT (Kerala High Court) Admittedly, the assessee purchased the land which was a rubber estate. The land was purchased to utilize it for the non-agricultural purpose of expansion of its factory. The rubber trees in the land were slaughter tapped which is a process that immediately precedes the cutting and remova...

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No proceedings can be taken against Director of a private limited company U/s. 26C of Kerala General Sales Tax Act, 1963

Anoop Raj Vs Dy. Tahsildar (Rr) Aluva (Kerala High Court)

Anoop Raj Vs Dy. Tahsildar (RR) Aluva (Kerala High Court) The petitioner, the Director of a private limited company is before this Court challenging the revenue recovery proceedings. The petitioner had two contentions; one that the provisions of Section 26C of the Kerala General Sales Tax Act, 1963 is unconstitutional and the next that th...

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Unfilled Part B of e-way bill cannot be treated as a minor omission: Goods can be released only on Compliance

Daily Express Vs Assistant State Tax Officer (Kerala High Court)

Daily Express Vs Assistant State Tax Officer (Kerala High Court) Section 129 is a self-contained code. It lays down the entire mechanism for provisional release of the goods.  Section 129 begins with a non-obstante clause. It stands protected from every other provision. Earlier this Court, on more than one occasion, has held that unfille...

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Situs of owner of intangible asset, would be closest approximation of situs of intangible asset

M/s. Lal Products Vs Intelligence Officer (Kerala High Court)

M/s. Lal Products Vs Intelligence Officer (Kerala High Court) Hon’ble Kerala High Court had an occasion to determine the situs of sale of incorporeal goods namely, patents and trademarks when the contract of sale was executed by the Appellant in the state of Gujarat where they had one operating manufacturing plant while the HO of [&hell...

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Loss Due to Obsolescence of Stores & Spares in Inventory is Allowable Business Expenditure

Ms. Hindustan Newsprint Ltd. Vs ACIT (Kerala High Court)

Ms. Hindustan Newsprint Ltd. Vs ACIT (Kerala High Court) In the present case, the Tribunal had permitted devaluation with respect to the items in which the committee had recommended 100% devaluation confining the actual devaluation to 80%. The Tribunal disallowed 20% of the claim finding it to be the scrap value of the devalued items. [&h...

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