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Kerala High Court

Gold smuggling not covered within the definition of terrorist act under Unlawful Activities (Prevention) Act

November 10, 2021 1362 Views 0 comment Print

Mohammed Shafi P. Vs National Investigation Agency (Kerala High Court) Facts- The allegations against the accused are of smuggling gold through the diplomatic channel availing the intimate connection, A1 and A2 had with the Consulate of United Arab Emirates at Thiruvananthapuram; wherein the two accused were formerly employed. The appellants lament; as the lyrics in […]

Kerala HC ask GST Council reasons for non-inclusion of Petrol/Diesel under GST

November 10, 2021 1626 Views 0 comment Print

o declare that the non-inclusion of petrol and diesel under the GST regime are violative of Article 14 and 21 of the Constitution of India. To issue a writ of mandamus or any other writ or order directing the 3rd respondent to consider and pass orders on Exhibit P2 representation.

KVAT Act – Amnesty Application does not warrant automatic Dismissal of Appeal

November 5, 2021 2724 Views 0 comment Print

In a first of its kind judgement in Kerala, a Single Bench of the High Court of Kerala presided over by Justice Bechu Kurian Thomas held that applying under an amnesty scheme will not render the appeal filed by an assessee to be deemed to be dismissed.

Technical Glitches not to stand in way of ultimate relief to Taxpayers: Kerala High Court grants GST Refund

October 7, 2021 783 Views 0 comment Print

Dantara Jewellers Vs State of Kerala (Kerala High Court) The Kerala High Court while granting the refund to the taxpayer ruled that all the technical glitches that may occur in between, shall not stand in the way of ultimate relief of the grant of refund to the petitioner. The Petitioner, Dantara Jewellers assailed the order […]

HC stays Provisional Attachments order passed without application of mind

October 1, 2021 984 Views 0 comment Print

I am prima facie satisfied that there is non-application of mind to the purport of power exercisable by the second respondent under Section 83 of the CGST Act. In this context, I also bear in mind that the crippling effect an order of provisional attachment, on the bank accounts of a running establishment can have. Petitioner asserts that it is a running establishment and the annual audited reports, a copy of which is produced as Ext.P8 shows that the petitioner is a running establishment

HC issues notice on plea challenging GST On Services by Advocates Association to Its Members

September 28, 2021 1383 Views 0 comment Print

Kerala High Court Advocate Association Vs Assistant Commissioner (Kerala High Court) Kerala HC issued notice to Govt. in writ challenging GST on goods and services provided by Association to its members Kerala High Court Advocates’ Association (Petitioner) filed a Writ Petition challenging GST on goods and services provided by the Petitioner to its own members. […]

Government Ban on Online Rummy was arbitrary & illegal: Kerala HC

September 27, 2021 2952 Views 0 comment Print

Notification pertaining to the ban on Online Rummy was declared as arbitrary, illegal and violative of the fundamental rights guaranteed to assessee under Articles 14 and 19(1)(g) of the Constitution of India and hence not enforceable.

Son-In-Law has no Legal Right In Father-In-Law’s Property

September 6, 2021 2442 Views 0 comment Print

Davis Raphel Vs Hendry Thomas (Kerala High Court) This Regular Second Appeal has been filed by the defendant in the civil suit challenging the judgment and decree dated 22.2.2019 in A.S.No.58/2016 of the Sub Court, Payyannur (hereinafter referred to as ‘the first appellate court’) by which judgment, the first appeal of the defendant was dismissed […]

Sec 138 NI Act- Salutation Like Mr./M/s. while Drawing Cheque are Irrelevant

September 6, 2021 1356 Views 0 comment Print

N. Raveendran Vs Shajahan (Kerala High Court) The absence of salutation Like Mr./M/s. while drawing the cheque by accused cannot be a ground for the accused to be acquitted from proceedings under Section 138 of the Negotiable Instruments Act. FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT This appeal arises out of the judgment […]

Customs Interest cannot be waived unless such provision provided in Customs Act

September 1, 2021 4716 Views 0 comment Print

Pomsy Food Products (P) Ltd Vs Union of India (Kerala High Court) High Court held that Interest under the Customs Act is statutory. There can be no waiver of such interest unless such waiver is provided for in the provisions of the Customs Act itself. FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT The petitioner […]

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