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Kerala High Court

No Service Tax on Sale of Used Car : Kerala HC

July 16, 2017 3240 Views 0 comment Print

The question concerns the sale of used cars. The Motor Vehicles Act, 1988, does not directly deal with the sale of a motor vehicle, a movable property; but the Sale of Goods Act, 1930, does. The Motor Vehicles Act, though, deals with the procedure post-sale. Here, a motor vehicle dealer is dealing in used cars. Is its transaction a sale in the conventional sense attracting the sales tax, or a service—as an intermediary, agent, or broker—to the true owner attracting service tax? The question is simple, but the answer is not.

Notice not become invalid for Mere non mention of ‘section 143(2)’ in it calling upon assessee to defend its case

July 11, 2017 2316 Views 0 comment Print

In this appeal, the assessee calls in question the order passed by the Income Tax Appellate Tribunal, Cochin Bench in I.T.A.No.375/14 for the assessment year 2005-2006.

Official Liquidator can file claim within a period of 4 years from winding up order date

June 10, 2017 6375 Views 0 comment Print

Official Liquidator (OL) could file claim within a period of four years from the date of winding up order, by taking the benefit of one year period immediately following the date of the winding up order, as provided under section 458A of the Act and the three years period provided under Article 137 of the Limitation Act.

Salary denial for not opening Salary a/c with employers bank is illegal

May 21, 2017 4746 Views 0 comment Print

Petitioners insist that they should get salary through the existing account with the SBI itself without insisting them to open accounts with the IDBI. Therefore, denial of salary to the petitioners on the ground that they did not open account with IDBI bank is illegal.

Commission to doctors cannot be allowed unless vouchers been produced even if allowed in earlier years

May 13, 2017 996 Views 0 comment Print

These appeals are filed challenging the orders passed by the Income Tax Appellate Tribunal, Cochin Bench, in ITA Nos. 120/08 and 119/08 pertaining to the assessment years 2002- 03 and 2001- 02. For the assessment years in question, the assessee had made deduction of payments said to have been made to doctors towards MRI Commission, CT Scan and USG Commission, Pathology Collection Commission and CT Commission National Hospital.

Fired from Job for being drunk on the way to duty is Shockingly Disproportionate: HC

April 30, 2017 5943 Views 0 comment Print

An employee wins a foreign jaunt; apart from the pleasure pursuit, the employee will undergo training abroad. On board the flight bound overseas, the employee is found drunk, too much. He is deplaned. The employer treats it as grave misconduct, punishes him —with removal from service. Is the punishment shockingly disproportionate

Sec. 68 Mere Establishing Identity of Creditors is not sufficient

April 18, 2017 2583 Views 0 comment Print

It, therefore, further logically follows that the creditor’s creditworthiness has to be judged vis-a-vis the transactions, which have taken place between the Assessee and the creditor, and it is not the business of the Assessee to find out the source of money of his creditor or of the genuineness of the transactions, which took between the creditor and sub-creditor and/or creditworthiness of the sub-creditors, for, these aspects may not be within the special knowledge of the Assessee.

Luxury Tax leviable on Accommodation under ‘Timeshare Agreement’

April 5, 2017 2667 Views 0 comment Print

The petitioner does not have a contention that the Resort owned by the petitioner does not come under the definition of “Hotel”. The Resorts are assessed under the LT Act and have also been remitting such tax as collected from the non-members who are residing in their facility and for any facility other than accommodation […]

Kerala HC upholds Levy of One Time Registration Tax on Taxi Vehicles

April 5, 2017 1605 Views 0 comment Print

These writ petitions concern challenge to Finance Bill, 2014 by which taxi vehicles are also imposed with an obligation to pay one time tax for fifteen years.

LLPs to follow law relevant to Partnership Firms for KVAT Registration

April 1, 2017 1293 Views 0 comment Print

The petitioner is aggrieved with the fact that Ext.P6 communication has been issued to the petitioner under the Limited Liability Partnership Act, 2008 (for brevity the LLP Act), which according to the petitioner, they are not obliged to comply with.

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