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Kerala High Court

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

January 31, 2020 3918 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.

Mere difference in Address in Invoice & E-way Bill not justify detention of Goods

January 31, 2020 7899 Views 0 comment Print

M.R. Traders Vs Assistant State Tax Officer (Kerala High Court) Address shown in the invoice is different from the address shown in the E Way bill etc. is only a clerical mistake and is not a serious mistake which should justify the detention and penalty proceedings. FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT […]

Unblocking of E-way bill possible only on payment of due tax

January 31, 2020 759 Views 0 comment Print

It is pointed out by the learned Government Pleader that since the petitioners have not paid due tax amounts for the relevant periods and they do not file mandatory returns till day, blocking of E- way bill is made on account of this mandatory provision contained in the above said Rule and unblocking of E-way bill is possible only if the due amounts as envisaged in the above said Rule are remitted and the returns are filed up to date.

HC releases detained Goods on giving Bank Guanratee for tax & penalty

January 29, 2020 510 Views 0 comment Print

Shajahan A.M. Vs Assistant State Tax Office (Kerala High Court) After having heard both sides and after careful evaluation of the facts and circumstances of the case, it is ordered that the detained goods and vehicles involved in these two cases as per the impugned proceedings shall be immediately released to the petitioner on his […]

HC directs Tax Officer to pass order after considering contentions of Petitioner & Providing reasonable opportunity

January 28, 2020 558 Views 0 comment Print

K.J. Mathew Vs State of kerala (High Court of Kerala) This Court is of the view that there is no necessity for this Court to adjudicate the abovesaid contentions raised by the petitioner regarding the merits of the matter. As rightly pointed out by the learned Government Pleader, the petitioner has not so far responded […]

Coercive steps shall be kept in abeyance until rectification orders are passed

January 22, 2020 2250 Views 0 comment Print

Manambur Service Co-Operative Bank Limited Vs ITO (Kerala High Court) HC states that the rectification applications will be taken up for consideration by respondent without much delay, and affording reasonable opportunity of being heard to the petitioner through authorised representative/counsel, if any, may pass orders thereon without much delay preferably within a period of 4 […]

Assessment order Passed under GST after death was Invalid

January 22, 2020 3279 Views 0 comment Print

Vimal Raj Vs State Tax Officer (Kerala High Court) Assessee was already dead as on the date of assessment order and therefore, the assessment orders is a nullity and no other issues are decided by this Court and such other issues are left open. GST Department will be at liberty to take fresh action in the said […]

HC directs for Issue of GST refund delayed due to Processing by officer interface option

January 20, 2020 1050 Views 0 comment Print

Akay Flavours & Aromatics (P) Ltd. Vs CBIC (Kerala High Court) In the given case, the petitioner has later filed amendments in the GST returns with IGST amounts, therefore, the refunds can be processed through an officer interface option, which is already availed in ICES. Necessary action to sanction IGST refunds in the instant case […]

Interest from shipping bill date allowed in case of serious delay in effecting refunds

January 20, 2020 867 Views 0 comment Print

In case of serious delay in effecting the refunds under GST Act, GST Authority to pay IGST refund alongwith interest from date of shipping bill after following due procedure.

Demurrages for delay in project execution- HC remanded matter back to ITAT

January 10, 2020 519 Views 0 comment Print

The Estate Vs ACIT (Karnataka High Court) In the given case the appellant is a partnership firm which is engaged in the business of real estate development, construction and sale of flats under the name and style of ‘The Estate’. The appellant filed its original return of income declaring its total income of Rs. 95,04,431/- […]

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