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Kerala High Court

GST: HC directs to not to invoke bank guarantee if there is time to file Appeal

July 16, 2018 2139 Views 4 comments Print

I, therefore, dispose of this Writ Petition holding that the respondent will not invoke the bank guarantee for three months. In the meanwhile the petitioner may make all efforts before the 7th respondent to get an interim protection, pending appeal — adjudication.

E-way bill declaration made after detention of goods cannot absolve assessee from penalty

July 13, 2018 4173 Views 0 comment Print

Asstt. STO Vs Indus Towers Ltd. (Kerala High Court) In the present case the delivery chalan which accompanied the transport is one issued by the assessee respondent, over which the assessee has absolute control and could be subject to manipulation. The assessee having transported the goods with delivery chalan, could very well sell the goods […]

Goods not liable for confiscation for non compliance of GST rules in absence of taxable supply

July 13, 2018 2916 Views 0 comment Print

In one of the recent judgment of Kerala High Court in M/S Indus Towers Limited Vs. The Assistant State Tax Officer, it was held that goods cannot be confiscated for every non- compliance of the provisions of the act.

Addition U/s. 68 rw section 56: Addition for share premium in excess of Fair Value

July 12, 2018 2898 Views 0 comment Print

Sunrise Academy of Medical Specialities (India) (P.) Ltd Vs  ITO (Kerala High Court) (DB)  Any premium received by a Company on sale of shares, in excess of its face value; if the Company is not one in which the public has substantial interest, would be treated as income from other sources, as seen from Section […]

Facilitate petitioner’s uploading of FORM GST TRAN-1: HC

July 11, 2018 411 Views 0 comment Print

A.F. Babu Vs Goods and Service Tax Council & Ors. (Kerala High Court) Kerala HC held that petitioner may apply to the Nodal Officer. The petitioner applying, the Nodal Officer will look into the issue and facilitate the petitioner’s uploading FORM GST TRAN-1, without reference to the time-frame. Ordered so. It was further held that […]

Section 12A Registration to Convent- HC refers matter back to CIT

July 6, 2018 1179 Views 0 comment Print

In the present case, the Commissioner does not speak of absence of a written constitution. The appellant also asserts that the constitution of the Generalate regulates the Houses also, which come under the Generalate. The Tribunal also found that the appellant comes under the exclusive control of the Generalate through the hierarchies as disclosed from the constitution and there could be no separate registration granted to the Convent.

Wealth Tax leviable on land on which Construction is under process

July 5, 2018 1437 Views 0 comment Print

Only a land in which the building is completely constructed stands excluded under the exclusionary provision under Explanation (1 )(b)(ii) of Section 2(ea) of Wealth Tax Act, 1957

No Deduction on failure to remit employees’ contribution to EPF within statutory due date

July 2, 2018 27867 Views 0 comment Print

M/s. Popular Vehicles & Services Pvt. Ltd. Vs CIT (Kerala High Court) Sub-clause (va) of Section 36(1) takes care of the employee’s contribution, which stands unaffected by Section 43B as the restriction available in Section 43B is already available under the Explanation to the said clause, with a qualification of the payment being before the […]

Allow ITC if non-filing of TRAN-1 was for reasons not attributable to petitioner

June 28, 2018 543 Views 0 comment Print

Naga Distributors Vs. UOI & Ors. (Kerala High Court) High Court held that If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable him to take credit of the input tax available at the time of migration. FULL TEXT OF THE HIGH COURT […]

Allow Form TRAN-1 upload & ITC credit available during migration: HC

June 28, 2018 3675 Views 0 comment Print

If the petitioner applies within two weeks after receiving this judgment, the Nodal Officer will consider and take steps within a week thereafter. If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable him to take credit of the input tax available at the time of migration.

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