Kerala High Court has held that Cross Objection filed before the Tribunal u/s 253(4) is an independent appeal and shall be adjudicated on merits even if the other party’s appeal is dismissed, for whatever reason.
Hon’ble High Court of Kerala has stayed the disciplinary proceedings initiated by ICAI against CA Shaji Poulose for exceeding the limit on number of tax audits. IN THE HIGH COURT OF KERALA AT ERNAKULAM Present: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR Wednesday, the 3rd day of August 2016/12th Sravana, 1938 WP(C) .No.25662/2016(G) PETITIONER/ SHAJI POULOSE, CHARTERED […]
The Hon’ble Kerala HC in the above cited case held that exempting cable operators from luxury tax while making DTH operators to pay the same is a case of discriminatory levy of luxury tax merely because of technological differences in the system of deliveryof entertainment in both the services.
It is held that deduction u/s 80P is allowable to a primary agricultural credit society. In the instant case , assessee being a registered society classified in bye-laws as primary agricultural credit society is entitled to claim exemption u/s 80P.
HC held that while disposing off an application for registration u/s 12AA , the CIT is required only to verify the geniuses of the trust’s activity so as to ensure that the same matches with the objects stated in the trust deed.
Kerala High Court held that levy of service tax on admission to amusement facilities do not result into any trenching of Union Parliament on power conferred on State as two aspects taxed by respective legislatures are ‘service’ and ‘amusement’ and no law is invalid in taxing its respective aspect even when same activity being getting taxed twice under two different laws.
HC held that Voluntary Compliance Encouragement Scheme (VCES) was in the nature of an Amnesty Scheme and, therefore, its provisions have to be strictly interpreted. Infact, the scheme was a settlement between the assessee and the department and from the terms of the settlement neither party can be permitted to retract.
Hon’ble Kerala High Court in the case of The United Planters Association of Southern India Vs. Union of India, Stayed the Operation and Implementation of Payment of Bonus (Amendment) Act, 2015 to the extent the same gives retrospective from 01.04.2014
Kerala High Court held In the case of Flipkart Internet (P.) Ltd. vs. State of Kerala that It is well settled that show cause notices issued by statutory authorities particularly in case of imposition of penalty on an assessee, cannot pre-determine the guilt of an assessee.
Trans Asian Shipping Services Private Limited Vs. CIT ( kerala High Court) It was held in the case of the income derived from slot charter operations of a tonnage tax company is not liable to be excluded while determining the tonnage income under the tonnage tax scheme on the ground that such operations are carried on in ships which are not qualifying ships in terms of the provisions of Chapter XII G of the Act.
