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Kerala High Court

HC releases goods detained on the ground of wrong classification of goods

March 4, 2020 4617 Views 0 comment Print

Daily Fresh Fruits India Pvt. Ltd. Vs Asst. State Tax Officer (Kerala High Court) Detention of goods on the ground of wrong classification of goods- The High Court quashed detention order on the ground that this was a bona-fide case of dispute in the classification of goods and directed release of goods. FULL TEXT OF […]

Proper officer detaining or seizing goods or conveyances shall issue a notice specifying tax & penalty payable

February 19, 2020 531 Views 0 comment Print

Fawas Associated Agencies Vs Assistant State Tax Officer (Kerala High Court) On a plain and simple reading of the provisions of the Act, sub-section (3) of Section 129 envisages that the proper officer detaining or seizing goods or conveyances shall issue a notice specifying the tax and penalty payable and thereafter, pass an order for […]

Compute Motor vehicle tax based on purchase invoice value and not on value listed in local website: HC

February 13, 2020 5169 Views 2 comments Print

Motor Vehicle tax as per Kerala Motor Vehicle Taxation Act, 1976  should be calculated only upon the purchase invoice value and not upon the value listed in the local web portal as assessee’s case did not fall in the 2nd proviso of the operative portion of Sec.2(e) of the Kerala Motor Vehicle Taxation Act, 1976.

Additional Court Fees of 1% of Amount involved in dispute leviable before filing of GST Appeal

February 12, 2020 7827 Views 1 comment Print

The issue under consideration is whether additional court fees of 1% of the amount involved in the dispute leviable before filing of the appeals under GST Act is justified in law?

Section 129(3) Notices cannot be adjudicated at the stage where petitioner had already submitted reply to such notices: HC

February 10, 2020 1797 Views 0 comment Print

Larsen And Toubro Limited Vs The Commissioner (Kerala High Court) The high court was of the view that the controversy involved assailing the impugned notices could not be adjudicated at this stage of the matter, particularly when the petitioner had already submitted a reply backed by relevant provisions and circulars which is required to be […]

E-way bill for a consignment of value < 50K for multiple invoices in the same conveyance

February 4, 2020 31947 Views 0 comment Print

Bon Cargos Private Ltd. Vs Union of India (Kerala High Court) The High Court held that it is the duty of the transporter or the consignor, consignee to generate e-way bill when the aggregate value of the consignment is more than Rs. 50,000/- and if otherwise ie., less than Rs.50,000/- there is no such requirement […]

Six months GST Return filing default for Cancellation of Registration

February 3, 2020 15900 Views 0 comment Print

Default in filing return for the period of six months should be existing both at time of issuance of notice and passing order for cancellation of the registration under Section 29(2)(c), sets aside the order cancelling the registration.

AAR can decide question of Place of Supply: Kerala HC

February 3, 2020 9393 Views 0 comment Print

In the instant case, it is true that the issue relating to determination of place supply as aforestated is not expressly enumerated in any of the clauses as per clauses (a) to (g) of Sec. 97(2) of the CGST Act, but there cannot be any two arguments that the said issue relating to determination of place of supply

Dismissing Appeal on Technical Grounds is per se illegal & improper: HC

February 3, 2020 4194 Views 0 comment Print

The case projected in this Writ Petition (Civil) are as follows: The petitioner is a primary agricultural credit society registered as per the provisions of the KCS Act. Ext.P-1 order was issued under Sec.271 B for the assessment year 2015-16 against the petitioner.

Release Goods / Vehicles on Simple Bond, no need to furnish bank guarantee: HC

January 31, 2020 3864 Views 0 comment Print

Court is persuaded to accept the view that the goods and vehicle detained pursuant to Ext.P7 order could be released to the petitioner on the basis of simple bond and it need not be insisted that the petitioner will have to furnish a bank guarantee for the amounts demanded in Ext.P7 order.

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