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Kerala High Court

HC permits release of Goods Detained for not containing Vehicles Details in E-Way Bill on furnishing BG & Bond

August 9, 2018 1233 Views 0 comment Print

K. Karunakaran Vs Asst. State Tax Officer (Kerala High Court) The petitioner, engaged in works contract, purchased material from Ghaziabad, as seen from Ext.P1 invoice. Ext.P2 e-way bill, however, did not contain the details of the vehicle used for the transport. The vehicle and the goods detained, the petitioner filed this writ petition. 2. In […]

Release goods on submission of bank guarantee for GST & penalty and bond for value of goods: HC

August 9, 2018 17982 Views 1 comment Print

Garuda Timber Traders Vs The Assistant State Tax Officer (Kerala High Court) Once the petitioner provides the bank guarantee for the tax and penalty and bond for the value of goods, under Rule 140 of the Rules, it will have the goods provisionally released. Besides, the petitioner can challenge the Ext.P9 before the appellate authority […]

HC on Goods detained for not uploading Part-B of E-Way Bill

August 9, 2018 1992 Views 1 comment Print

Kerala High Court held that the goods seized for want of Part-B of E-Way Bill can be released on furnishing bank guarantee and a simple bond without sureties.

Contribution to Fishermen’s Welfare Fund allowable despite the fact that fund been held Unconstitutional by SC: HC

August 7, 2018 696 Views 0 comment Print

CIT Vs Abad Exim (P) Ltd. (Kerala High Court) The question remaining is with respect to the deduction, insofar as the contribution made to the Fishermen’s Welfare Fund. The Fund itself was declared unconstitutional by a decision of the Honourable Supreme Court  in AIR 2002 SC 973 [Koluthara Exports Ltd. v. State of Kerala and Others. […]

Failure to upload Form GST TRAN-1 due to technical glitches- HC directs Assessee to apply to Nodal Officer

July 24, 2018 3006 Views 0 comment Print

Where assessee was unable to file Tran-1 form within due date owing to technical glitches in GST website and could not avail of Cenvat credit, the assessee was granted liberty to approach to concerned nodal officer who was directed to look into the issue and facilitate the uploading of Form TRAN-1 without reference to any time frame

No charity in Mere supply of food to poor received from Govt or Intermediaries

July 23, 2018 945 Views 0 comment Print

CIT Vs M/s. Annadan trust (Kerala High Court) The sub-contract of the assessee cannot be considered to be a charitable activity, especially since the supply of food is with the funds of the State Government, received by the assessee as contract amounts. The activity of the assessee confined to such sub-contracts cannot be deemed to be a charitable activity and […]

Deemed registration of Charitable trust under section 12A

July 20, 2018 5619 Views 0 comment Print

Where application for registration under section 12A of Income Tax Act, 1961 is not disposed of by either accepting or refusing it within six months as per provisions of section 12AA(2), the registration would be deemed to applicable from date of expiry of six months from date of application.

Release goods detained on Compliance with Kerala GST Rules: HC

July 19, 2018 597 Views 0 comment Print

Kaniayamparambil Steels  Vs Asstt. Sales Tax Officer (Kerala High Court) The petitioner seeks release of the goods detained by the 1st respondent, under Section 129 of the Central Goods and Services Tax Act, 2017 as also the Kerala State Goods and Services Tax Act. 2. Earlier, a Division Bench of this Court, under similar circumstances, disposed of W.A. No.1802 […]

KVAT: Amendment extending time cannot have automatic retrospective operation

July 19, 2018 7680 Views 0 comment Print

K. Vinod Chandran Vs Ashok Menon (Kerala High Court) The impugned judgments in the above appeals disposed of a batch of writ petitions as also writ petitions, individually, filed by the assessee-petitioners against notices issued for assessment under the Kerala Value Added Tax Act, 2003 (for brevity “KVAT Act”). The issues raised being identical, reference […]

Water-logged land adjacent to agricultural land will be treated as agricultural land

July 16, 2018 822 Views 0 comment Print

CIT Vs Shri. Shaji thomas (Kerala High Court) Assessing Officer had accepted the fact that 97.60 Ares of land sold by the assessee is agricultural land. In fact, the said finding was also on proof of specific agricultural operations having been undertaken in the said The adjacent land which is lying as Kayal land and […]

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