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Kerala High Court

Kerala HC allows department to cancel compounding scheme wrongly allowed with instruction to allow input credit on purchases

March 5, 2018 1818 Views 1 comment Print

The appeals are filed against the judgment of the learned Single Judge, affirming the right of the petitioner to pay tax under the compounding scheme. The respondent assessee is engaged in the manufacture and sale of ice-creams. The assessments were of the year 2015-2016 and 2016-2017.

Interest Tax applicable on finance charges from hire purchase of vehicles

February 26, 2018 5259 Views 0 comment Print

Finance charges like interest received from hire purchase of vehicles are like other interest subject to tax under the Interest Tax Act, the Kerala High Court has said.

TDS was not applicable on Hiring of Vehicles prior to Amendment in Sec 194-I

February 26, 2018 2988 Views 0 comment Print

CIT Vs. M/s. Pioneer Personalized Holidays Pvt. Ltd (Kerala High Court) Section 194C of the Act speaks of any payment made to any resident, referred to as a contractor, for carrying out any work including supply of labour, in pursuance of a contract between the contractor and a specified person. Here, the contract if at all, […]

TDS on hired vehicles u/s 194I or under 194C ?

February 26, 2018 192834 Views 2 comments Print

Hiring of vehicles does not fall within the ambit of Section 194C of the Act. From 01.06.2007 definitely deduction would have to be made at source even for hiring of vehicles as Section 194-I of the Act stands amended to bring in such transactions also.

Registration U/s. 12A/ 12AA can be denied to Trust not applying its income for Charity

February 25, 2018 2832 Views 0 comment Print

Norka Roots Vs. CIT (Kerala High Court) As per Section 12AA of the Income Tax Act, the Commissioner is empowered to call for documents or information from the assessee, which are necessary to satisfy the authority about the genuineness of the activities of the institution. The Division Bench of this Court had also directed that […]

Conversion of Un-garbled Pepper to garbled Pepper is not manufacture

January 25, 2018 3078 Views 0 comment Print

Nishant Export Vs. ACIT (Kerala High Court) The assessee was engaged in the procurement and export of pepper. The assessee procured un-garbled pepper, which by a process got garbled; making it fit for human consumption and was exported. The assessee had been claiming allowance under Section 80HHC for its export turnover as computed under sub-section […]

Goods not liable to tax cannot be detained for infraction of Rule 138(2) of State SGST Rules

January 18, 2018 1665 Views 0 comment Print

The power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act; that there is no taxable supply when goods are transported on delivery chalans

Kerala VAT: Bakery shortening and vanaspati are not similar

January 18, 2018 2715 Views 0 comment Print

M/s. Parisons Foods Pvt. Ltd. Vs. Joint Commissioner Of Commercial Taxes (Kerala High Court) The appeal arises from a Clarification Order issued under Section 94 of the Kerala Value Added Tax Act, 2003 (‘KVAT Act’ for short). The appellant/dealer, inter alia, is engaged in the manufacture of ‘bakery shortening’. The clarification sought for was the […]

Goods can’t be detained for Mere Non-Compliance of GST Rules

January 17, 2018 4572 Views 0 comment Print

The Kerala High Court, in M/S Indus Towers Limited Vs. The Assistant State Tax Officer, held that the power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act.

Kerala HC allows Deduction u/s 80-IA to Kannan Devan Plantations

January 4, 2018 3084 Views 0 comment Print

Revenue, has contended that the assessee’s business is not a new industrial undertaking. According to him, the assessee has also miserably failed to establish that it has spent more than 50% of the plant’s book value on any renovation or modernisation.

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