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Kerala High Court

Consider inclusion of online gambling & betting under Kerala Gaming Act

February 10, 2021 690 Views 0 comment Print

High court directed directed State Government to take appropriate decision on the aspect of inclusion of online gambling and online betting, within the purview of the Kerala Gaming Act, 1960, within a period of two weeks from today.

Condonation of delay against order in GST ASMT-13 & FORM GST DRC-07

February 2, 2021 41115 Views 0 comment Print

Hash Constructions Vs Deputy Commissioner (Kerala High Court) Conclusion: Despite receipt of assessment order under Section 62, assessee-registered person had not filed any valid return within 30 days from the receipt of the assessment order. This ultimately had resulted in issuance of demand notice in FORM GST DRC-07, mentioning the amount due and payable by […]

Approach to deal with Transitional Credit issues in Hyper Technical Manner was wrong: HC

January 22, 2021 834 Views 0 comment Print

Union of India Vs A. F. Babu (Kerala High Court) By the impugned judgment, the learned Single Judge allowed the writ petition and directed the respondents in the writ petition to open an online portal to enable the first respondent to file the form GST TRAN-I electronically or to accept the same manually. Aggrieved by […]

Tribunal commits an error in releasing Canadian Green Peas on redemption fine payment: HC

January 22, 2021 528 Views 0 comment Print

Shri Amman Dhall Mill Vs Commissioner of Customs (Kerala High Court) Conclusion: Appellate Tribunal committed serious error in law by ordering release of Canadian Green Peas under Section 125 on payment of redemption fine as by holding that release of goods was the only option to Customs Commissioner in the case on hand the language […]

Dual payment was allowable to be refunded as State not expected to get unduly enriched by inadvertent payments of money

January 19, 2021 1284 Views 0 comment Print

If assessee calculated Light Dues in respect of the Vessel correctly and remitted the correct amount, then Section 19 of the Act, 1927 could not be resorted to withhold an erroneous double payment or dual payment made by a citizen due to a system error or failure.  The State was not expected to get itself unduly enriched by erroneous or forced or inadvertent payments of money made by its citizens and  was not expected to bring in defence of limitation in respect of such payments resulting in unjust enrichment.

Rule 138(5) not applies to goods transported from one state to another state

January 19, 2021 1845 Views 0 comment Print

UP And UP Elevators Vs State of Kerala (Kerala High Court) Undisputedly, goods which were sought to be transported from Bangalore to Cherthala came to be intercepted by the GST authorities on 15.01.2021 and at that time, the authorities found that e-way bill had expired on 14.01.2020. Therefore, goods were detained and detention order came […]

GST: HC not to be approached in Goods detention cases if effective alternate remedies available

January 12, 2021 3270 Views 0 comment Print

Writ Court was not to be ordinarily approached in detention cases where effective alternate remedies by way of provisional clearance, and appeal thereafter, were provided against alleged arbitrary/illegal detention orders.

Employee VRS Scheme amount entitled to simultaneous Section 10(10C)(viii) deduction & Section 89(1) relief

January 5, 2021 4236 Views 0 comment Print

V. Gopalan Vs CCIT (Kerala High Court) The appellant admittedly took voluntary retirement in the year 2001. He had also claimed deduction under Section 10 (10C) (viii) and relief under Section 89 (1) of the Income Tax Act while filing his return of income for the relevant assessment year. The claim came to be rejected […]

Lottery Sale: One State cannot make Rules impacting authority of other States

December 22, 2020 2571 Views 0 comment Print

Future Gaming and Hotel Services Pvt. Ltd. Vs State of Kerala (Kerala High court) Conclusion: No State can exercise its authority by making Rules in such a way to impact upon authority of other States to organise, conduct and promotion of lottery. That power is exclusively given to the Central Government. Therefore, State of Kerala […]

Value of All Invoices in a Consignment Relevant For E-Way Bill Generation

December 21, 2020 3996 Views 0 comment Print

Bon Cargos Private Limited Vs Assistant State Tax Officer (Kerala High Court) Explanation 2 to Section 138 defines the consignment value of goods to be that declared in an invoice, a bill of supply or a delivery chalan including the goods and services tax payable with any Cess charged. Sub-Rule (1) read with Explanation 2 […]

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