Kerala High Court

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...

Read More

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....

Read More

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. ...

Read More

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 ...

Read More

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. ...

Read More

Waiver of interest – Plea of ‘Bonafide mistake’ will help only if assessee is covered by prescribed circumstances

Smt. Gills Benny Vs Chief Commissioner of Income Tax (Kerala High Court)

In my view, the contention raised by the learned counsel for the petitioners cannot be said to be one which is covered by any one of the aforesaid circumstances. If that be so, rejection of their claim for waiver of interest cannot also be said to be illegal....

Read More

Tribunal cannot consider validity of retrospective amendment

M. Abdul Rehuman Kunju Vs Assistant Commissioner of Income-tax (Kerala High Court)

The validity of a provision cannot be considered or adjudicated upon by the Tribunal constituted under the Act. Section 260A provides for an appeal from every order passed by the Appellate Tribunal. If it involves a substantial question of law, such question of law should arise from the order of the Tribunal. If the Tribunal cannot cons...

Read More

Borrowals to extent of interest free loans is for non business purposes

Commissioner of Income-tax, Cochin Vs Harrisons Malayalam Ltd. (Kerala High Court)

The question then, would be; on facts what is discernible? As noticed above, every loan granted to a subsidiary company was preceded by the receipt of money by the assessee as loan from other entities. Undisputedly, even going by the assessee's contention that the loans to subsidiary companies were from its internal resources; if such int...

Read More

Trust cannot take dual benefit in the form of application of income & depreciation

Lissie Medical Institutions Vs Commissioner of Income-tax, Kochi (Kerala High Court)

If the assessee treats expenditure on acquisition of assets as application of income for charitable purposes under section 11(1)(a) and if the assessee claims depreciation on the value of such assets, then in order to reflect the true income to be available for application for charitable purposes, the assessee should write back in the acc...

Read More

Allowing Leave encashment expense only on payment basis unconstitutional

CIT Vs Hindustan Latex Ltd. (Kerala High Court)

Calcutta High Court in Exide Industries case (supra) held that leave encashment is neither a statutory liability nor a contingent liability and it is a provision to be made for the entitlement of an employee achieved in a particular financial year. Testing clause (f) with the objects sought to be achieved by the introduction of Section 43...

Read More

Browse All Categories

CA, CS, CMA (4,231)
Company Law (4,943)
Custom Duty (7,351)
DGFT (3,974)
Excise Duty (4,229)
Fema / RBI (3,812)
Finance (3,988)
Income Tax (30,540)
SEBI (3,179)
Service Tax (3,468)