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Kerala High Court

There has to be neutrality in arbitrator selection process

August 16, 2022 1884 Views 0 comment Print

Held that law mandates neutrality for both arbitrator and arbitrator selection process. Interim award passed by the arbitration who was appointed in contravention of provisions is unenforceable.

Appeal can be filed by person opting to make payment of tax & penalty on detention/seizure

August 16, 2022 5979 Views 0 comment Print

Held that person seeking to make payment of tax and penalty u/s. 129(1)(a) of the CGST Act cannot be deprived from filing an appeal u/s 107

Levying building tax by treating rented residential building as commercial building is unsustainable

August 13, 2022 2238 Views 0 comment Print

Held that building constructed as residential building and given on rent for residential purpose cannot be treated as commercial building for levying building tax.

Contract employee are also entitled to maternity leave: HC

August 9, 2022 29598 Views 0 comment Print

Government of Kerala has extended the benefit of maternity leave to employees appointed on contract basis irrespective of the tenure.

Service Tax: Suppression of Facts: Extended Period of Limitation Can Be Invoked For Assessment/Penalty Proceedings

August 8, 2022 16743 Views 0 comment Print

On 1.4.2007, the assessee took centralised registration and thereafter, the payment was not made until the show cause notice was issued. So the contention of the respondent bank that there was no suppression nor any mis-statement cannot be accepted. Section 73 of the Act gives extended period of limitation if there is suppression or misstatement or fraud or collusion.

GST: Voluntary Payment of Tax/Penalty U/S. 129 Does Not Debar A Dealer From Filing Appeal U/S.107

August 6, 2022 12501 Views 0 comment Print

Kerala HC held that even in cases where tax or penalty levied U/s. 129 of the GST Acts, 2017 was paid by a taxable person he can file an appeal U/s. 107 of the said Acts.

If two choices are available, employee can select the one having higher benefits

August 4, 2022 2124 Views 0 comment Print

Held that when two choices are available, one under the provisions of the Payment of Gratuity Act and the other under such arrangement with the employer and if the latter offers better terms, the employee cannot be denied the right to receive those higher benefits.

S.138 NI Act | HC explains Law related to reliance on evidence presented by power of attorney holder

August 3, 2022 8112 Views 0 comment Print

Shibu. L.P. Vs Neelakantan (Kerala High Court) Law is settled on the point that a complaint alleging commission of offence under Section 138 of the Negotiable Instruments Act can be presented through the power of attorney holder and the power of attorney holder can depose and verify on oath before the court in order to […]

Relevant date for Appeal filing limitation is date of upload of demand in Form DRC- 07 

August 2, 2022 5058 Views 0 comment Print

K.P. Shaneej Vs Joint Commissioner (Appeals) (Kerala High Court) Revenue very fairly submits that there are certain judgments of this Court which take the view that without the authenticated copy of the assessment order, an appeal cannot be filed and such authentication will be recognised by the system only when a demand is raised pursuant […]

Whether NCLT order can be challenged in a proceeding under Article 226?

August 1, 2022 7533 Views 1 comment Print

Whether order of the Adjudicating Authority (‘NCLT’) can be challenged in a proceeding under Article 226, has been, recently, analysed in the matter of Tharakan Web Innovations Pvt. Ltd. Vs. National Company Law Tribunal  (1st February, 2022) in W.P. (C) Nos. 27636 of 2020 & 14158 of 2021 before Kerla High Court.

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