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Kerala High Court

E-way bill for a consignment of value < 50K for multiple invoices in the same conveyance

February 4, 2020 34446 Views 0 comment Print

Bon Cargos Private Ltd. Vs Union of India (Kerala High Court) The High Court held that it is the duty of the transporter or the consignor, consignee to generate e-way bill when the aggregate value of the consignment is more than Rs. 50,000/- and if otherwise ie., less than Rs.50,000/- there is no such requirement […]

Six months GST Return filing default for Cancellation of Registration

February 3, 2020 16935 Views 0 comment Print

Default in filing return for the period of six months should be existing both at time of issuance of notice and passing order for cancellation of the registration under Section 29(2)(c), sets aside the order cancelling the registration.

AAR can decide question of Place of Supply: Kerala HC

February 3, 2020 9903 Views 0 comment Print

In the instant case, it is true that the issue relating to determination of place supply as aforestated is not expressly enumerated in any of the clauses as per clauses (a) to (g) of Sec. 97(2) of the CGST Act, but there cannot be any two arguments that the said issue relating to determination of place of supply

Dismissing Appeal on Technical Grounds is per se illegal & improper: HC

February 3, 2020 4539 Views 0 comment Print

The case projected in this Writ Petition (Civil) are as follows: The petitioner is a primary agricultural credit society registered as per the provisions of the KCS Act. Ext.P-1 order was issued under Sec.271 B for the assessment year 2015-16 against the petitioner.

Release Goods / Vehicles on Simple Bond, no need to furnish bank guarantee: HC

January 31, 2020 4893 Views 0 comment Print

Court is persuaded to accept the view that the goods and vehicle detained pursuant to Ext.P7 order could be released to the petitioner on the basis of simple bond and it need not be insisted that the petitioner will have to furnish a bank guarantee for the amounts demanded in Ext.P7 order.

Mere difference in Address in Invoice & E-way Bill not justify detention of Goods

January 31, 2020 9813 Views 0 comment Print

M.R. Traders Vs Assistant State Tax Officer (Kerala High Court) Address shown in the invoice is different from the address shown in the E Way bill etc. is only a clerical mistake and is not a serious mistake which should justify the detention and penalty proceedings. FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT […]

Unblocking of E-way bill possible only on payment of due tax

January 31, 2020 1014 Views 0 comment Print

It is pointed out by the learned Government Pleader that since the petitioners have not paid due tax amounts for the relevant periods and they do not file mandatory returns till day, blocking of E- way bill is made on account of this mandatory provision contained in the above said Rule and unblocking of E-way bill is possible only if the due amounts as envisaged in the above said Rule are remitted and the returns are filed up to date.

HC releases detained Goods on giving Bank Guanratee for tax & penalty

January 29, 2020 633 Views 0 comment Print

Shajahan A.M. Vs Assistant State Tax Office (Kerala High Court) After having heard both sides and after careful evaluation of the facts and circumstances of the case, it is ordered that the detained goods and vehicles involved in these two cases as per the impugned proceedings shall be immediately released to the petitioner on his […]

HC directs Tax Officer to pass order after considering contentions of Petitioner & Providing reasonable opportunity

January 28, 2020 681 Views 0 comment Print

K.J. Mathew Vs State of kerala (High Court of Kerala) This Court is of the view that there is no necessity for this Court to adjudicate the abovesaid contentions raised by the petitioner regarding the merits of the matter. As rightly pointed out by the learned Government Pleader, the petitioner has not so far responded […]

Coercive steps shall be kept in abeyance until rectification orders are passed

January 22, 2020 2664 Views 0 comment Print

Manambur Service Co-Operative Bank Limited Vs ITO (Kerala High Court) HC states that the rectification applications will be taken up for consideration by respondent without much delay, and affording reasonable opportunity of being heard to the petitioner through authorised representative/counsel, if any, may pass orders thereon without much delay preferably within a period of 4 […]

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