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Kerala High Court

COVID-19 – Kerala HC stays All Revenue Recovery proceedings

March 19, 2020 3171 Views 0 comment Print

Present scenario of outburst of deadly corona virus is very precarious and sensitive, as the lawyers and the st«ff rendering assistance to this Court and the judges ore vulnerable, thus in order to prevent such rampant of spread by taking preventive measures, I deem it appropriate to issue general directions to the departments concerned like the banks, financial institutions, Income tax authorities, authorities dealing with the erstwhile KVAT, GST, recovery of tax ox motor vehicles and building tax to defer the recovery proceedings or coercive measures till 06.04.2020.

KGST- Assessment cannot be reopened after 14 years unless fresh receipt of materials for tax evasion

March 16, 2020 1374 Views 0 comment Print

Hence, the High Court of Kerala quashed the reassessment proceedings under section 17D of the Kerala General Sales Tax Act (KGST), 1961 since the provision does not prescribe any time limit and no additional material to undertake the fast track assessment was presented by the department.

HC releases goods detained on the ground of wrong classification of goods

March 4, 2020 5091 Views 0 comment Print

Daily Fresh Fruits India Pvt. Ltd. Vs Asst. State Tax Officer (Kerala High Court) Detention of goods on the ground of wrong classification of goods- The High Court quashed detention order on the ground that this was a bona-fide case of dispute in the classification of goods and directed release of goods. FULL TEXT OF […]

Proper officer detaining or seizing goods or conveyances shall issue a notice specifying tax & penalty payable

February 19, 2020 567 Views 0 comment Print

Fawas Associated Agencies Vs Assistant State Tax Officer (Kerala High Court) On a plain and simple reading of the provisions of the Act, sub-section (3) of Section 129 envisages that the proper officer detaining or seizing goods or conveyances shall issue a notice specifying the tax and penalty payable and thereafter, pass an order for […]

Compute Motor vehicle tax based on purchase invoice value and not on value listed in local website: HC

February 13, 2020 5499 Views 2 comments Print

Motor Vehicle tax as per Kerala Motor Vehicle Taxation Act, 1976  should be calculated only upon the purchase invoice value and not upon the value listed in the local web portal as assessee’s case did not fall in the 2nd proviso of the operative portion of Sec.2(e) of the Kerala Motor Vehicle Taxation Act, 1976.

Additional Court Fees of 1% of Amount involved in dispute leviable before filing of GST Appeal

February 12, 2020 8652 Views 1 comment Print

The issue under consideration is whether additional court fees of 1% of the amount involved in the dispute leviable before filing of the appeals under GST Act is justified in law?

Section 129(3) Notices cannot be adjudicated at the stage where petitioner had already submitted reply to such notices: HC

February 10, 2020 1860 Views 0 comment Print

Larsen And Toubro Limited Vs The Commissioner (Kerala High Court) The high court was of the view that the controversy involved assailing the impugned notices could not be adjudicated at this stage of the matter, particularly when the petitioner had already submitted a reply backed by relevant provisions and circulars which is required to be […]

E-way bill for a consignment of value < 50K for multiple invoices in the same conveyance

February 4, 2020 32892 Views 0 comment Print

Bon Cargos Private Ltd. Vs Union of India (Kerala High Court) The High Court held that it is the duty of the transporter or the consignor, consignee to generate e-way bill when the aggregate value of the consignment is more than Rs. 50,000/- and if otherwise ie., less than Rs.50,000/- there is no such requirement […]

Six months GST Return filing default for Cancellation of Registration

February 3, 2020 16296 Views 0 comment Print

Default in filing return for the period of six months should be existing both at time of issuance of notice and passing order for cancellation of the registration under Section 29(2)(c), sets aside the order cancelling the registration.

AAR can decide question of Place of Supply: Kerala HC

February 3, 2020 9564 Views 0 comment Print

In the instant case, it is true that the issue relating to determination of place supply as aforestated is not expressly enumerated in any of the clauses as per clauses (a) to (g) of Sec. 97(2) of the CGST Act, but there cannot be any two arguments that the said issue relating to determination of place of supply

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