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Kerala High Court

HC on Situs of Goods or accretion of goods in works contract

June 19, 2020 2034 Views 0 comment Print

State of Kerala Vs Metro Minerals India (P) Ltd. (Kerala High Court) The transfer of property in goods whether as goods or in some other form involved in the execution of a works contract shall be deemed to have taken place in the State, if the goods are within the State at the time of […]

HC upheld GST Registration Cancellation on Failure of Appellant to pay Tax Installments

June 18, 2020 1266 Views 0 comment Print

Kerala High Court cancelled the GST registration of the Appellant since they have not deposited the payment of Central Goods and Services Tax(CGST) and also the State Goods and Services Tax (SGST) from year 2017 onwards till the date of hearing.

Closure of Branch irrelevant for Determination of Tax Liability under KVAT on Compounding basis

June 5, 2020 861 Views 0 comment Print

Assistant Commissioner (KVAT) Vs Kunnathukalathil Jewellers (Kerala High Court) Explanation 8 ot Section 8(f) of Kerala Value Added Tax Act, 2003 provided for deduction of the business of a branch which had remained closed during the whole of the year 2009-10. There is no absurdity in the provision nor can it be found unworkable. Hardship, […]

Blank paper containing only a signature can be termed as a ‘document?

June 4, 2020 14547 Views 0 comment Print

Nisar Vs State of Kerala (High Court of Kerala) Section 3 of the Evidence Act defines ‘document’ as any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended to be used, or which may be used, for the purpose of recording […]

Passport Authorities cannot Impose Penalties : Kerala HC

June 2, 2020 6165 Views 0 comment Print

Passport authorities under the Passports Act, 1967 are not vested with any power under Section 12 of the Act 1967, to impose any fine and it is a matter affecting the public.

Fair value of land is be considered as on date of execution of document

June 2, 2020 7833 Views 0 comment Print

Where the document was executed by the parties prior to the revision of the fair value, the valuation need only be done in accordance with the fair value existing as on the date of execution of the document and the stamp duty for the purpose of registration need be calculated accordingly.

No Tax on Compensation received for compulsory acquisition of land by Govt

May 29, 2020 75669 Views 3 comments Print

Compensation received in respect of non agricultural land which has been exempted from levy of income-tax vide section 96 of the RFCTLARR Act shall also not be taxable under the provisions of income-tax Act, 1961 even if there is no specific provision of exemption for such compensation in the Income-tax Act, 1961

CIT(A) cannot grant conditional stay without giving reason for such conditions

May 28, 2020 1035 Views 0 comment Print

In the given case, the contention of the petitioner is essentially that, why the Appellate Authority deemed it necessary for the petitioners to pay 20% of the total demand, as a condition for stay of the balance 80% of the demand arising from the assessment order during the pendency of the appeal.

Deposit of 20% can be dispensed with without High Court order

May 25, 2020 1797 Views 0 comment Print

High Court by referring to one of the judgment of the Division Bench of HC states that it would not be necessary that the payment of 20% can be dispensed with only if there is an order of the high court. The AO or the appellate authority while exercising the power of appeal or stay of the assessment proceedings under section 226 of the Income Act 1961 are enjoined obligation to give regard and respect to the directions of the Hon’ble High Court

Kerala Tax on Paper Lotteries Act, 2005 was declared as unconstitutional

April 30, 2020 1410 Views 0 comment Print

State of Sikkim Vs State of Kerala (Kerala High Court) Conclusion: Levy of license fee on the draw of lotteries under Section 5BA of Kerala General Sales Tax (KGST) Act,  within the state of Kerala was prohibited by the virtue of law, so the Kerala Tax under Section 5BA of Kerala General Sales Tax (KGST) […]

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