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Kerala High Court

GST- Best Judgement assessment can be done immediately after failure to file return despite notice

July 30, 2020 3795 Views 0 comment Print

Kerala High Court clarifies the time frame for best judgment assessment under GST. Details of the Amani Machine Centre vs. State Tax Officer case.

GST Liability – Payment In Installments

July 24, 2020 6288 Views 2 comments Print

It is held by the honourable Kerala High Court that the petitioner, who is an assessee under the GST Act, is not disputing his liability to tax, or the quantum thereof, for the period in question. It only seeks an installment facility to pay the admitted tax, together with interest thereon, in view of the financial difficulties faced by it during the Covid pandemic situation, when its business has come to a total standstill.

HC allows filing of GST returns without paying entire admitted tax: Allows payment in Installment

July 24, 2020 2259 Views 0 comment Print

Pazhodiyum Food Ventures Vs Supritendent Commercial Taxes (Kerala High Court) The petitioner is a private limited company registered as a service provider under the Goods and Service Tax Act. In the Writ Petition it is the case of the petitioner that while he intends to pay the arrears of tax due for the assessment year […]

No detention when invoices not bearing continuous serial number

July 23, 2020 2127 Views 0 comment Print

Devices Distributors Vs Asst. State Tax Officer (Kerala High Court) The Kerala High Court has set aside the detention of goods in a case where the department had objected that the invoices accompanying the goods did not bear continuous numbers and hence the invoices with serial numbers falling between could have been used for transportation […]

If Registered with GST Liable to file GST Return despite Not Liable to Pay GST

July 6, 2020 12852 Views 0 comment Print

The present writ petition is based on the facts that owing to the advent of the new GST regime in case petitioner who is registered with GST is of the view that, is not liable to pay tax for these period need not file GST returns showing nil, but the provisions of the Act envisages requirement of filing returns.

Educational Loan cannot be rejected for Unsatisfactory Credit Scores of parents

July 3, 2020 4887 Views 1 comment Print

In the present case, the education loan application had been declined on the ground that the CIBIL report of the petitioner’s father showed that there was a default in a commercial vehicle loan availed by him.

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

June 19, 2020 2088 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 1311 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 906 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 14664 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 […]

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