ser Kerala High Court

Kerala High Court

No tax liability still TDS mandatory?

Academy of Medical Sciences Vs. Commissioner of Income-tax (Kerala High Court)

Academy of Medical Sciences Vs. CIT (Kerala High Court) Background Chapter XVII-B of the Income Tax Act, 1961 deals with deduction and collection of tax at source [with-holding tax].  This chapter is sub survient to section 4 i.e. charging section of the Act. Section 40(a)(ia) deals with dis-allowance of a portion of expenditure[ which i...

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Addition U/s 68 justified for Receipts from non-existent broker

Kerala Sponge Iron Ltd. Vs CIT (Kerala High Court)

Assessing officer treated the receipts as unexplained cash credit for the reason that M/s. National Multi Commodity Exchange of India had confirmed that M/s. Vatika Merchants (supra) was expelled from the exchange long prior to the transactions in question. ...

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Kerala HC explains What is an error apparent on the face of record

The Commissioner of Income Tax Vs. Younus Kunju (Kerala High Court)

CIT Vs. Younus Kunju (Kerala High Court) It needs no repetition that a judgmental error is not a review able error, nor can it be termed an error on the face of record. Error in reasoning or, for that matter, in applying law to facts is an appeal able error. And that power of appeal […]...

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S. 2(22)(e) deemed dividend not applicable on amount received from Subsidiary Co. as part of Regular Business Transactions

The Commissioner of Income Tax Vs. M/s Malayala Manorama Co. Ltd. (Kerala High Court)

CIT Vs. M/s Malayala Manorama Co. Ltd. (Kerala High Court) Amounts under the disputed heads were being received by the Assessee from its Subsidiary Company only as part of regular business transactions, which was being accounted properly. The change in circumstance, as to the distribution of dailies/publications in the Gulf, causing the s...

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Interest Tax applicable on finance charges from hire purchase of vehicles

The Commissioner of Income Tax Vs. M/s. The Kerala State Financial Enterprises Ltd. (Kerala High Court)

Finance charges like interest received from hire purchase of vehicles are like other interest subject to tax under the Interest Tax Act, the Kerala High Court has said. ...

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Registration U/s. 12A/ 12AA can be denied to Trust not applying its income for Charity

Norka Roots Vs. The Commissioner Of Income Tax (Kerala High Court)

Norka Roots Vs. CIT (Kerala High Court) As per Section 12AA of the Income Tax Act, the Commissioner is empowered to call for documents or information from the assessee, which are necessary to satisfy the authority about the genuineness of the activities of the institution. The Division Bench of this Court had also directed that […]...

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

The Assistant State Tax Officer Vs M/s. Indus Towers Limited (Kerala High Court)

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....

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Goods not liable to tax cannot be detained for infraction of Rule 138(2) of State SGST Rules

Age Industries (P.) Ltd. Vs. Assistant State tax Officer (Kerala High Court)

The power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act; that there is no taxable supply when goods are transported on delivery chalans ...

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Goods can’t be detained for Mere Non-Compliance of GST Rules

Re. P.B. Suresh Kumar, J (Kerala High Court)

The Kerala High Court, in M/S Indus Towers Limited Vs. The Assistant State Tax Officer, held that the power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act....

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Kerala HC allows Deduction u/s 80-IA to Kannan Devan Plantations

Kanan Devan Hills Plantations Company Pvt. Ltd. Vs ACIT (Kerala High Court)

Revenue, has contended that the assessee’s business is not a new industrial undertaking. According to him, the assessee has also miserably failed to establish that it has spent more than 50% of the plant’s book value on any renovation or modernisation....

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