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Kerala High Court

Breaking: Kerala HC stays collection of GST on Income Tax TCS amount

January 17, 2019 16560 Views 6 comments Print

PSN Automobiles Private Limited Vs. UOI & CBIC (Kerala High Court at Ernakulam) Petitioner, has submitted that the amount of 1% the dealer collects from the purchaser of a car worth more than ten lakhs, under Section 206C(1F) of the Income Tax Act, cannot be treated as an integral part of the value of the […]

State can enact section 174- VAT Assessment Post GST Valid: HC

January 11, 2019 4449 Views 0 comment Print

M/S Sheen Golden Jewels (India) Pvt Ltd Vs State Tax Officer (Kerala High Court) Core Question as the petitioners put it,is does the State have the legislative competence to enact section 174 and save the past taxation events—comprising levy, assessment, and recovery—when Entry 54, List II, which is the field of legislation empowering the State, stood […]

Deduction u/s 36(1)(va) allowable on contribution to staff welfare fund A/c

January 8, 2019 20331 Views 1 comment Print

Assessee-employer had  contributed a specific amount to each employee which was credited to a Staff Welfare Fund Account alongwith interest thereon and the amounts retained with the employer and the interest accrued in the name of a particular employee, was taxed in the hands of that employee. Hence though there was a common fund and accrual of interest, the same had to be treated as having been credited separately on the employees account in the relevant fund which was permissible for deduction under Section 36(1)(va). 

No proceedings can be taken against Director of a private limited company U/s. 26C of Kerala General Sales Tax Act, 1963

December 20, 2018 1287 Views 0 comment Print

Kerala High Court rules in favor of Anoop Raj, Director of a private limited company, challenging revenue recovery proceedings under Section 26C of Kerala GST Act.

Kerala HC judgment on Extension of Income Tax Return Due Date

December 19, 2018 2304 Views 0 comment Print

Kerala High Court ruling on Income Tax return deadline. Assessees facing difficulties due to floods can apply for extension under Section 119(2)(b). Waiver for interest/penalty for late payment also allowed.

3 year delay in Section12A registration application condoned by HC

December 12, 2018 3750 Views 0 comment Print

Delay of three years in filing of application for registration under section 12A was condonable as assessee which was enjoying exemption from income-tax from its inception was suddenly faced with the prospect of being made liable under the taxing statute and due to same, assessee had filed applications under Section 12AA with considerable delay. 

Recovery proceeding should not be initiated till disposal of stay petition

December 12, 2018 1065 Views 0 comment Print

I reckon the petitioner has exercised on time its statutory remedy of filing an appeal. It appears that it has also filed a stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until the appellate authority decides on the stay petition.

Share issue expenses can be claimed u/s 35D by banks as preliminary expenses

December 11, 2018 4860 Views 0 comment Print

Deduction under section 35D for amortisation of preliminary expenses in connection with the issue of shares for public subscription was allowable to assessee bank extending financial services. 

Transfer of Patent Rights subject to tax under CST Act

December 6, 2018 1473 Views 0 comment Print

Transfer of patent rights would be subject to CST as while transferring of intangible rights obtained under a statute, to another entity having its place of business in another State; from where the transferee intended to exercise such rights thereafter, postulated a movement of the intangible, corporeal goods from one State to another and, hence, would be an inter-state sale assessable to tax. 

Situs of owner of intangible asset, would be closest approximation of situs of intangible asset

December 6, 2018 4350 Views 0 comment Print

M/s. Lal Products Vs Intelligence Officer (Kerala High Court) Hon’ble Kerala High Court had an occasion to determine the situs of sale of incorporeal goods namely, patents and trademarks when the contract of sale was executed by the Appellant in the state of Gujarat where they had one operating manufacturing plant while the HO of […]

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