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Kerala High Court

Do expeditious adjudication for release of goods detained under GST

May 23, 2018 816 Views 0 comment Print

Ajith A.R. Vs State Tax Officer (Kerala High Court) Petitioner seeks release of the goods detained by the first respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act. 2. It is seen that an identical matter has been disposed of by a […]

Issue of Share at Premium- Limited Scrutiny- Jurisdiction of AO

May 22, 2018 2349 Views 0 comment Print

Sunrise Academy of Medical Specialities (India) Private Limited Vs ITO (Kerala High Court) The learned counsel for the petitioner submitted that the case of the petitioner was one taken for a limited scrutiny on the issue as to whether the funds received in the form of share premium by the petitioner are from disclosed sources […]

GST: Good detained cannot be released unless security equal to Tax amount demanded is furnished

May 15, 2018 1047 Views 0 comment Print

Division Bench of this Court has already found that the goods detained under a detention notice issued in terms of the CGST/SGST Act cannot be released unless a security equal to the amount demanded is insisted from the assessee

Goods detained under GST cannot be released on simple bond: HC

May 15, 2018 1320 Views 0 comment Print

The learned Single Judge ordered release of the vehicle and goods by executing a simple bond. The State challenges the order, since it is passed overlooking Rule 140 of the SGST Rules.

Kerala GST Rules interfering with lottery business are Unconstitutional

April 13, 2018 6861 Views 0 comment Print

M/s Teesta Distribution Vs State of Kerala (Kerala High Court) Therefore, the writ petition is disposed with the following directions: (I) Rule 56(20A)(iii)(d) of the Kerala State GST Rules is struck down holding that the State has no legislative competence to formulate such Rule. (II) The challenge to the vires of other Rules is negatived. […]

Charging of interest U/s. 234B(1) in regular assessment not necessary for charging interest U/s. 234B(3)

April 8, 2018 4419 Views 0 comment Print

CIT Vs M/s. Baby Marine Exports (Kerala High Court) If the regular assessment was upheld finally and there was a reassessment and re-computation of total income, the assessee would have been liable to pay advance tax to that extent also, on which, an interest would be levied under Section 234B(3). It is been held that […]

HC grants GST Registration from 01.07.2017, delayed due to wrong PAN quoting in VAT Regime

April 6, 2018 1122 Views 0 comment Print

On account of a mistake committed by the petitioner during 2009 in providing the PAN number of another firm for the purpose of obtaining registration under the Kerala Value Added Tax Act (the Act), the request of the petitioner for registration under the GST statutes were delayed and were granted only with effect from 12.08.2017.

Delay of 1964 days cannot be condoned for mere Ignorance of Law

April 4, 2018 2445 Views 0 comment Print

t is trite that ignorance of the law is not an excuse and lack of understanding would also be akin to ignorance; which cannot validly be taken up. The delay is also huge coming to 1964 days.

Goods detained under GST Act to be released immediately on compliance with GST rules

April 3, 2018 1809 Views 0 comment Print

If the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to them forthwith.

Goods can’t be detained for mere infraction of procedural GST Rules

April 2, 2018 2064 Views 0 comment Print

A taxable person transports the goods procured by them for own use to the site where the goods are to be consumed.

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