Kerala High Court

Best Judgment assessment after giving sufficient opportunity is valid

P.P. Abdul Khader & Co. VsCommissioner of Income-tax, Calicut (Kerala High Court)

On facts, it is seen that by Ext.P4 notice, the petitioner was informed that there are certain points to be clarified in connection with the returns filed by them. Accordingly, they were required to attend the office of the assessing officer with documents, accounts and other evidence to support the return filed. ...

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Trade Mark is goods & Royalty received for use of it is liable to VAT

Malabar Gold (P.) Ltd. Vs Commercial Tax Officer (Kerala High Court)

The Kerala High Court upheld the demand of VAT by holding that Trade Mark is goods and Royalty received from franchisees for use of its trademark and for sharing business know-how is leviable to VAT....

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SEBI have no jurisdiction in the matter related to issue of shares by unlisted companies

Kunnamkulam Paper Mills Ltd. Vs Securities and Exchange Board of India (Kerala high Court)

Before resolving the disputed questions as to whether the offer can be treated as public issue or not, and as to whether the right of renunciation was offered only under the mandate of section 81(3), etc.; the question regarding jurisdiction of the first respondent need be looked into. It is evident that the second respondent had once ini...

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In case of reassessment AO is bound to give reasons and dispose of assessee’s objection by passing speaking order

Alappat Jewels Vs Assistant Commissioner of Income-tax (Kerala High Court)

The Apex Court had in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19 had held that the proper course for the assessee, when he received the notice under section 148 was to seek reasons, if he so desired, for the notices. The Assessing Officer was bound to give reasons. On receipt of the reasons, the assessee was entitled to file o...

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An appeal presented out of time is an appeal, and an order dismissing it as time-barred is one passed in appeal

K.H. Traders Vs Commissioner of Income-tax (Kerala High Court)

In the judgment in Mela Ram & Sons' case (supra) relied on by the Revenue, an appeal was dismissed without condoning delay and the question was considered whether such an order is an order in the appeal. In this judgment, after referring to the conflicting judgments of various High Courts and the previous judgment of the Apex Court, the A...

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TDS U/s. 194A not required to be deducted on interest income of Societies registered under Societies Registration Act, 1860

Kerala State Nirmiti Kendra Vs Commissioner of Income-tax, Thiruvananthapuram (Kerala High Court)

In so far as Societies are concerned, only such of those Societies which are registered under the Societies Registration Act, 1860 are exempted. In other words, the terms of the notification itself show that a society like the petitioner which is registered under the Travancore-Kochi Literary Scientific and Charitable Societies Registrati...

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No waiver of Interest if delay in return filing was not because of impounding of documents

Shebin Jewellery Vs Chief Commissioner of Income-tax, Cochin (Kerala High Court)

It is a fact that the documents were given to the petitioner only after more than two years. But the reasons stated by the Chief Commissioner would unequivocally indicate that initially the request was made to release the books of account and documents; then the returns were prepared even without the originals....

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Application for registration u/s. 12A once rejected cannot be restored

M/s. Kadakkal Educational Trust Vs Commissioner of Income Tax (Kerala High Court)

The only issue that arises for consideration is whether the view taken in Exts.P11 and P13 is illegal. Ext.P9 judgment has attained finality. In that judgment, it has been specifically found that Ext.P2 application was not pending. It was therefore that the petitioner sought restoration of Ext.P2. ...

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For retention of seized Books of account revenue should communicate CIT approval & recorded reasons for said approval to Assessee

Joshi P. Mathew Vs Deputy Commissioner of Income Tax (Kerala High Court)

Scheme of sub-sections (8), (10) and (12) of Section 132 makes it amply clear that there is a statutory obligation on the Revenue to communicate to the person concerned not merely the Commissioner's approval but the recorded reasons on which the same has been obtained and that such communication must be made as expeditiously as possible ...

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Right to use of Trade Mark – Goods or Services – Whether VAT or Service Tax applicable

Malabar Gold Pvt Ltd Vs. Commercial Tax Officer (Kerala High Court)

The Petitioner Company had entered into Franchisee Agreements with several companies, situated inside and outside Kerala and also abroad, as per which, on mutually agreed terms and conditions, these companies were allowed to use the Trademark owned by the petitioner. ...

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