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Kerala High Court

No Bank account seizure of petitioner if no material to implicate him in alleged fraudulent transaction

November 4, 2020 714 Views 0 comment Print

Glonia Impex Vs Assistant Commissioner (SIIB) (Kerala High Court) The petitioner who is stated to be a supplier of diamonds, and a registered dealer under the Goods and Service Tax Act, within the jurisdiction of Mumbai, states that he had supplied diamonds to M/s. Nebal Tradings during the period 2017-18 and 2018-19 and the said […]

GST: Non-Registration of Consignor can’t be ground for detention

November 2, 2020 1485 Views 0 comment Print

The issue under consideration is whether non-registration of the consignor or the alleged mis-classification of the goods under transportation can be a ground for detention under Section 129 of the GST Act?

A Trainee Cannot Excluded from Definition of Term ‘Employee’ under Gratuity Act

November 2, 2020 16386 Views 0 comment Print

The issue under consideration is whether a trainee is excluded from the definition of the term ’employee’ under the Gratuity Act? A trainee is not excluded from the definition of the term ’employee’ under the Gratuity Act. What is excluded is an ‘apprentice’.

HC Directed to amend RC & Permit Petitioner to Upload Returns for Past Period to Avail Eligible ITC

October 27, 2020 429 Views 0 comment Print

The current petition is filed to seek the permission to upload the returns for the past period to avail eligible Input Tax Credit (ITC). direct the respondents to amend the Registration Certificate issued to the petitioner so as to make it valid from 01.07.2017, and permit the petitioner to upload the returns for the past period.

TED payment by mistake – No provision for refund – Government cannot unduly retain amount

October 21, 2020 828 Views 0 comment Print

Carlo Technical Plastics Pvt. Ltd. Vs Union of India (Kerala High Court) The Kerala High Court has held that even if inadvertently certain amount has been paid in a case where there is no provision in the Foreign Trade Policy for refund, the Government cannot unduly retain the amount. The case involved payment of Terminal […]

NOC against Advance Authorization Can be Issued only After Compliance with Section 149 of Customs Act

October 19, 2020 1983 Views 0 comment Print

The issue under consideration is whether the rejection of advance authorization against the shipments for fulfillment of export obligations is justified in law?

No TDS on commission paid to non-resident agent for effecting exports

October 13, 2020 3711 Views 0 comment Print

Device Driven (India) Pvt. Ltd. Vs CIT (Kerala High Court) No TDS on commission paid to non-resident agent for effecting exports as it was not taxable under Income Tax Act Conclusion: Services rendered for effecting exports within India by assessee-company to foreign buyers would not attract income tax since the income was derived from the […]

No detention of Goods in Transit for alleged Wrong Classification

October 13, 2020 2967 Views 0 comment Print

High Court held that the allegation of mis-classification of goods cannot warrant detention of the goods during transit. If the officer feels that there have been misclassification of the goods, then a report to be prepared and sent to the Assessing Officer, who can consider the said report and objections at the time of finalising the assessment.

Section 74 – Prior payment of tax before issue of Show cause notice – Payment of Interest and Penalty

October 12, 2020 195 Views 0 comment Print

Malayalam Motors Pvt. Ltd Vs Assistant State Tax Officer (Kerala High Court) Facts of the case: The petitioner is a private limited company engaged in the business of automobile sales. The Company filed GSTR-1 returns for the months of February 2020 to May 2020, due to the Covid pandemic, could not generate funds to make […]

HC allows to pay GST (Inclusive of Interest & Late Fees) in instalments

October 12, 2020 4449 Views 0 comment Print

Malayalam Motors Pvt. Ltd. Vs Assistant State Tax Officer (Kerala High Court) The High court of Kerala permitted the petitioner to discharge the tax liability, inclusive of any interest and late fee thereon, in equal successive monthly installments. Please note Section 80 of the CGST Act, 2017 allows payment of tax due (other than the […]

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