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Kerala High Court

Wealth Tax leviable on land on which Construction is under process

July 5, 2018 1716 Views 0 comment Print

Only a land in which the building is completely constructed stands excluded under the exclusionary provision under Explanation (1 )(b)(ii) of Section 2(ea) of Wealth Tax Act, 1957

No Deduction on failure to remit employees’ contribution to EPF within statutory due date

July 2, 2018 28314 Views 0 comment Print

M/s. Popular Vehicles & Services Pvt. Ltd. Vs CIT (Kerala High Court) Sub-clause (va) of Section 36(1) takes care of the employee’s contribution, which stands unaffected by Section 43B as the restriction available in Section 43B is already available under the Explanation to the said clause, with a qualification of the payment being before the […]

Allow ITC if non-filing of TRAN-1 was for reasons not attributable to petitioner

June 28, 2018 726 Views 0 comment Print

Naga Distributors Vs. UOI & Ors. (Kerala High Court) High Court held that If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable him to take credit of the input tax available at the time of migration. FULL TEXT OF THE HIGH COURT […]

Allow Form TRAN-1 upload & ITC credit available during migration: HC

June 28, 2018 3846 Views 0 comment Print

If the petitioner applies within two weeks after receiving this judgment, the Nodal Officer will consider and take steps within a week thereafter. If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable him to take credit of the input tax available at the time of migration.

Film distribution right acquisition expense cannot be claimed if Film is not commercially exploited

June 26, 2018 3426 Views 0 comment Print

Malayala Manorama Co. Ltd. Vs ACIT (Kerala High Court) Rule 9B(5) starts with a non-obstante Under the said rule, it is laid down that deduction under Rule 9B shall not be allowed unless the distributor credits in the books of accounts, the amounts realised by the distributor in case where the distributor himself has exhibited […]

Income from Toddy Tapping is eligible for deduction U/s. 80P

June 20, 2018 3318 Views 0 comment Print

When such extraction of toddy is carried on from the trees belonging to the members of the Society, it is definitely an agricultural produce grown by its members. Vending of such produce grown by its members even under a regulatory regime would be marketing of an agricultural produce.

HC orders release of detained goods on Compliance with GST Rule 140(1)

June 11, 2018 1077 Views 0 comment Print

It is seen that an identical matter has been disposed of by a Division Bench of this Court in W.A. No. 1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of rule 140(1) of the Kerala Goods and Services Tax Rules, 2017.

Release goods detained on compliance of GST Rules: HC

June 8, 2018 1353 Views 0 comment Print

Berger Paints India Ltd. Vs Assistant State Tax Officer (Kerala High Court) Writ petition is disposed of directing the competent authority to complete the adjudication provided for under Section 129 of the statutes referred to above, within a week from the date of production of a copy of the judgment. It is also directed that […]

Detention of goods pending adjudication of assessment

June 6, 2018 972 Views 0 comment Print

Seyadu Beedi Company Vs Asstt. Tax Officer (Intelligence), State Tax Officer (Intelligence) & Ors. (High Court Kerala) An identical matter has been disposed in W.A.No.1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of Rule 140(1) of the Kerala Goods and […]

Benefit of VCES 2013 cannot be denied for mere Technical Defects

May 23, 2018 1623 Views 0 comment Print

Declaration made by the petitioner under the Voluntary Compliance Encouragement Scheme, 2013 has been rejected in terms of the order impugned in the writ petition on the ground that they have not submitted the amended declaration in accordance with the procedure prescribed in Circular No. 170/5/2013-ST dated 8.8.2013. As per the said circular, in a […]

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