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Kerala High Court

Name approval process of MCA is a ‘system generated harassment’ : HC

April 7, 2021 4539 Views 0 comment Print

Kunhi Muhammed Etayattil Vs Asst. Registrar of Companies (Kerala High Court) HC remarked that,The facts of the case disclose a sorry picture of what can be described as a ‘system generated harassment’ aggravated by non application of mind by officials who leave everything to be dealt with by the system, thereby putting the common man […]

Demand due to denial of Section 80P deduction- Stayed by HC till disposal of Appeal by CIT(A)

March 31, 2021 1563 Views 0 comment Print

Poothrikka Service Co-Operative Bank Ltd. Vs ITO (Kerala High Court) The question which is pending for adjudication before the appellate authority is whether the petitioners who are co-operative Societies are entitled for deduction under Section 80 (P) of the Income Tax Act. The Assessing Officer has denied the benefit of Section 80 (P) of the […]

GST: HC waives condition of Bank Guarantee of Rs. 30 Crore

March 24, 2021 1140 Views 0 comment Print

What is the reasonable apprehension with the authority is not disclosed in the order at Ext.P6(Series) or in the order at Ext.P9. Furnishing bank guarantee of about Rs.30 crores would certainly block that much amount from the business of the petitioner. The petitioner, on account of an order by the adjudicating authority has no remedy of appeal under Section 107 of the CGST Act in the matter.

Section 138 NI Act Demand Notice need not disclose nature of Transaction

March 17, 2021 14874 Views 0 comment Print

K. Basheer Vs C.K. Usman Koya (High Court Kerala) It is also to be noted in this context that the offence u/s.138 of the Act is an offence which would be attracted on the ingredients above referred being satisfied. The statute also provides a presumption in favour of the holder which cannot be rendered otiose. […]

Tribunal cannot rectify its order for different view by other tribunal in similar case

March 1, 2021 1506 Views 0 comment Print

P.T. Manuel And Sons Vs CIT (Kerala High Court) We are of the view that the reasoning of the Tribunal is erroneous. A decision taken subsequently in another case is not part of the record of the case. A subsequent decision, subsequent change of law, and/or subsequent wisdom dawned upon the Tribunal, are not matters […]

GST officer can suspend registration during pendency of proceedings relating to cancellation of registration

February 18, 2021 1038 Views 0 comment Print

Kans Wedding Centre Vs Commissioner Of Commercial Taxes (Kerala High Court) in the event the registered persons fail to file returns for a continuous period of six months, the proper officer can cancel the registration, but that has to be done by granting opportunity of hearing to the registered person. Rule 22 of the GST […]

Mere Gold Smuggling cannot be held as Terrorist Act; HC grants Bail to accused

February 18, 2021 906 Views 0 comment Print

Muhammed Shafi P. Vs NIA (Kerala High Court) Undisputed facts are as follows:NIA registered the above mentioned case alleging offences punishable under Sections 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (“UA(P) Act”, in short). Accused persons were arrested by NIA on different dates and they have been confined to custody for […]

No encashment of bank guarantee until expiry of 3 months from Order: Kerala HC:

February 16, 2021 2157 Views 0 comment Print

Varahamurthi Flexirub Industries Pvt. Ltd Vs State Tax Officer (Kerala High Court) Varahamurthi Flexirub Industries (P.) Ltd. (Petitioner) received an order of confirmation of penalty from the State Tax Officer (Respondents). The Petitioner had challenged the order of the Respondents in directing bank to invoke bank guarantee and to forward demand draft of value of […]

Consider inclusion of online gambling & betting under Kerala Gaming Act

February 10, 2021 636 Views 0 comment Print

High court directed directed State Government to take appropriate decision on the aspect of inclusion of online gambling and online betting, within the purview of the Kerala Gaming Act, 1960, within a period of two weeks from today.

Condonation of delay against order in GST ASMT-13 & FORM GST DRC-07

February 2, 2021 39333 Views 0 comment Print

Hash Constructions Vs Deputy Commissioner (Kerala High Court) Conclusion: Despite receipt of assessment order under Section 62, assessee-registered person had not filed any valid return within 30 days from the receipt of the assessment order. This ultimately had resulted in issuance of demand notice in FORM GST DRC-07, mentioning the amount due and payable by […]

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