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Kerala High Court

Technical glitches at transition stage to GST should not affect statutory right of dealers

July 5, 2021 1539 Views 0 comment Print

Union Of India Vs Merchem India Pvt. Ltd (Kerala High Court) It is significant to note that the statute does not provide for any provision for lapsing of unutilized input tax credit for non filing of TRAN-1. The input tax credit is required by law to be credited to the electronic credit ledger of an […]

Writ petition against an order of NCLT not maintainable before HC

July 2, 2021 12360 Views 0 comment Print

Ideal Surgicals Vs National Company Law Tribunal (Kerala High Court) The challenge in these original petitions is against the proceedings of the National Company Law Tribunal (NCLT), Kochi Bench. IBC, 2016 is a Single Unified Umbrella Code, covering the entire gamut of the law relating to insolvency resolution of corporate persons and others in a time […]

Consider inclusion of Petrol, Diesel under GST: HC to GST Council

June 21, 2021 2574 Views 0 comment Print

Petitioner made representation to Chief Secretary, Government of Kerala, to request GST Council to include the petrol and diesel in the GST regime and till a decision is taken by the GST Council, Government of Kerala may refrain from levying the state tax on petrol and diesel.

ITC cannot be denied merely for non-reflection of transaction in GSTR 2A

June 17, 2021 39597 Views 0 comment Print

St. Joseph Tea Company Ltd. Vs State Tax Officer (Kerala High Court) The recipients of the petitioner under its provisional registration (ID) for the period from 01.07.20217 to 09.07.2018 shall not be denied ITC only on the ground that the transaction is not reflected in GSTR 2A. It will be open for the GST functionaries […]

DIN of director cannot be deactivated merely for section 164(2) disqualification

June 16, 2021 6372 Views 0 comment Print

Director Identification Numbers (DINs) of assesses-director allotted under Rule 10 of the Companies (Appointments and Qualifications of Directors) Rules, 2014, were not liable to be deactivated or cancelled solely for the reason that assesses-director stood disqualified for appointment / reappointment as Directors of Companies by operation of Section 164(2).

Conduct of lottery by an outside state: Host state can make appropriate rules to monitor  

May 17, 2021 1287 Views 0 comment Print

State of Kerala Vs Future Gaming & Hotel Services (P) Ltd. (Kerala High Court) The Hon’ble High Court of Kerala in State of Kerala & Ors Vs. Future Gaming & Hotel Services (P) Ltd [WA.No.78 of 2021], declared that a host state (where lottery is selling) has legislative competence to make appropriate rules to scrutiny […]

Disputes between CA Firms partners not governed by CA Act but by Partnership Act: Kerala HC

May 5, 2021 3699 Views 2 comments Print

Disputes between the partners of a chartered accountants firm are not governed by the Chartered Accountants Act but by the Indian Partnership Act – High Court of Kerala

HC directs ICAI to recognise & record retirement of CA from Partnership Firm

April 26, 2021 7089 Views 1 comment Print

Joshi John Vs Institute of Chartered Accountants of India (Kerala High Court) It is not disputed that ‘M/s. R. Menon and Associates’ is a partnership at will. Section 43 of the Indian Partnership Act, 1932 provides that when a partnership is ‘at will’, the firm may be dissolved by any partner giving notice in writing […]

Anticipatory Bail granted to person accused of non-payment of GST & non-filing of returns

April 22, 2021 1590 Views 0 comment Print

Anticipatory bail was granted to the person accused of non-payment of GST to the tune of Rs 17.53 Crores and non-filing of GSTR 3B returns as it was settled position that the applicant apprehending arrest need not be made an accused in a crime to seek the relief of anticipatory bail and it was sufficient in case he succeeded in establishing that his apprehension of arrest was reasonable.

Kerala HC quashes 2 FIRs registered against Enforcement Directorate

April 16, 2021 1425 Views 0 comment Print

P. Radhakrishnan vs State Of Kerala (Kerala High Court) FULL TEXT OF THE JUDGMENT/ORDER of KERALA HIGH COURT W.P(C).No.7641 of 2021 The instant writ petition is filed by the Deputy Director, Enforcement Directorate, Kochi Zonal Office, aggrieved by the registration of Exhibit P1 FIR by the Crime Branch wing of the State Police. The essential facts […]

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