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Kerala High Court

Blank paper containing only a signature can be termed as a ‘document?

June 4, 2020 13422 Views 0 comment Print

Nisar Vs State of Kerala (High Court of Kerala) Section 3 of the Evidence Act defines ‘document’ as any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended to be used, or which may be used, for the purpose of recording […]

Passport Authorities cannot Impose Penalties : Kerala HC

June 2, 2020 5778 Views 0 comment Print

Passport authorities under the Passports Act, 1967 are not vested with any power under Section 12 of the Act 1967, to impose any fine and it is a matter affecting the public.

Fair value of land is be considered as on date of execution of document

June 2, 2020 7437 Views 0 comment Print

Where the document was executed by the parties prior to the revision of the fair value, the valuation need only be done in accordance with the fair value existing as on the date of execution of the document and the stamp duty for the purpose of registration need be calculated accordingly.

No Tax on Compensation received for compulsory acquisition of land by Govt

May 29, 2020 74841 Views 3 comments Print

Compensation received in respect of non agricultural land which has been exempted from levy of income-tax vide section 96 of the RFCTLARR Act shall also not be taxable under the provisions of income-tax Act, 1961 even if there is no specific provision of exemption for such compensation in the Income-tax Act, 1961

CIT(A) cannot grant conditional stay without giving reason for such conditions

May 28, 2020 927 Views 0 comment Print

In the given case, the contention of the petitioner is essentially that, why the Appellate Authority deemed it necessary for the petitioners to pay 20% of the total demand, as a condition for stay of the balance 80% of the demand arising from the assessment order during the pendency of the appeal.

Deposit of 20% can be dispensed with without High Court order

May 25, 2020 1686 Views 0 comment Print

High Court by referring to one of the judgment of the Division Bench of HC states that it would not be necessary that the payment of 20% can be dispensed with only if there is an order of the high court. The AO or the appellate authority while exercising the power of appeal or stay of the assessment proceedings under section 226 of the Income Act 1961 are enjoined obligation to give regard and respect to the directions of the Hon’ble High Court

Kerala Tax on Paper Lotteries Act, 2005 was declared as unconstitutional

April 30, 2020 1287 Views 0 comment Print

State of Sikkim Vs State of Kerala (Kerala High Court) Conclusion: Levy of license fee on the draw of lotteries under Section 5BA of Kerala General Sales Tax (KGST) Act,  within the state of Kerala was prohibited by the virtue of law, so the Kerala Tax under Section 5BA of Kerala General Sales Tax (KGST) […]

No Section 40(a)(iib) disallowance for surcharge on Sales Tax & Turnover Tax

April 30, 2020 7821 Views 0 comment Print

Kerala State Beverages (Manufactoring And Marketing) Corporation Limited Vs ACIT (Kerala High Court) Conclusion: Surcharge on sales tax and turnover tax was not a ‘fee or charge’ coming within the scope of Section 40 (a) (iib) and was not an amount which could be disallowed under the said provision. Therefore the disallowance made in this […]

Kerala HC extends interim Orders by one month

March 25, 2020 753 Views 0 comment Print

Having regard to the public announcement of imposing a total lock down in the wake of outbreak of pandemic Corona Virus, resulting in immobilization of public at large, and total stoppage of public transport, litigants would find it difficult to approach the Courts to vindicate their grievances. Therefore, we deem it proper to issue directions in the instant suo motu writ petition.

Goods cannot be detained for mere Misclassification or Misbranding

March 19, 2020 7599 Views 0 comment Print

Hindustan Coca Cola Pvt. Ltd. Vs Assistant State Tax Officer (Kerala High Court) The petitioner a Private Limited Company engaged in manufacture and supply of fruit-based beverages/drinks registered in State of Kerala under GST Act. According to the petitioner, the product manufactured by them was classified under HSN 2202 9920 under GST and discharging GST […]

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