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Kerala High Court

Deemed registration of Charitable trust under section 12A

July 20, 2018 5841 Views 0 comment Print

Where application for registration under section 12A of Income Tax Act, 1961 is not disposed of by either accepting or refusing it within six months as per provisions of section 12AA(2), the registration would be deemed to applicable from date of expiry of six months from date of application.

Release goods detained on Compliance with Kerala GST Rules: HC

July 19, 2018 810 Views 0 comment Print

Kaniayamparambil Steels  Vs Asstt. Sales Tax Officer (Kerala High Court) The petitioner seeks release of the goods detained by the 1st respondent, under Section 129 of the Central Goods and Services Tax Act, 2017 as also the Kerala State Goods and Services Tax Act. 2. Earlier, a Division Bench of this Court, under similar circumstances, disposed of W.A. No.1802 […]

KVAT: Amendment extending time cannot have automatic retrospective operation

July 19, 2018 8283 Views 0 comment Print

K. Vinod Chandran Vs Ashok Menon (Kerala High Court) The impugned judgments in the above appeals disposed of a batch of writ petitions as also writ petitions, individually, filed by the assessee-petitioners against notices issued for assessment under the Kerala Value Added Tax Act, 2003 (for brevity “KVAT Act”). The issues raised being identical, reference […]

Water-logged land adjacent to agricultural land will be treated as agricultural land

July 16, 2018 1029 Views 0 comment Print

CIT Vs Shri. Shaji thomas (Kerala High Court) Assessing Officer had accepted the fact that 97.60 Ares of land sold by the assessee is agricultural land. In fact, the said finding was also on proof of specific agricultural operations having been undertaken in the said The adjacent land which is lying as Kayal land and […]

GST: HC directs to not to invoke bank guarantee if there is time to file Appeal

July 16, 2018 2526 Views 4 comments Print

I, therefore, dispose of this Writ Petition holding that the respondent will not invoke the bank guarantee for three months. In the meanwhile the petitioner may make all efforts before the 7th respondent to get an interim protection, pending appeal — adjudication.

E-way bill declaration made after detention of goods cannot absolve assessee from penalty

July 13, 2018 4428 Views 0 comment Print

Asstt. STO Vs Indus Towers Ltd. (Kerala High Court) In the present case the delivery chalan which accompanied the transport is one issued by the assessee respondent, over which the assessee has absolute control and could be subject to manipulation. The assessee having transported the goods with delivery chalan, could very well sell the goods […]

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

July 13, 2018 3393 Views 0 comment Print

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.

Addition U/s. 68 rw section 56: Addition for share premium in excess of Fair Value

July 12, 2018 3216 Views 0 comment Print

Sunrise Academy of Medical Specialities (India) (P.) Ltd Vs  ITO (Kerala High Court) (DB)  Any premium received by a Company on sale of shares, in excess of its face value; if the Company is not one in which the public has substantial interest, would be treated as income from other sources, as seen from Section […]

Facilitate petitioner’s uploading of FORM GST TRAN-1: HC

July 11, 2018 618 Views 0 comment Print

A.F. Babu Vs Goods and Service Tax Council & Ors. (Kerala High Court) Kerala HC held that petitioner may apply to the Nodal Officer. The petitioner applying, the Nodal Officer will look into the issue and facilitate the petitioner’s uploading FORM GST TRAN-1, without reference to the time-frame. Ordered so. It was further held that […]

Section 12A Registration to Convent- HC refers matter back to CIT

July 6, 2018 1398 Views 0 comment Print

In the present case, the Commissioner does not speak of absence of a written constitution. The appellant also asserts that the constitution of the Generalate regulates the Houses also, which come under the Generalate. The Tribunal also found that the appellant comes under the exclusive control of the Generalate through the hierarchies as disclosed from the constitution and there could be no separate registration granted to the Convent.

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