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Kerala High Court

Kerala GST Rules interfering with lottery business are Unconstitutional

April 13, 2018 6534 Views 0 comment Print

M/s Teesta Distribution Vs State of Kerala (Kerala High Court) Therefore, the writ petition is disposed with the following directions: (I) Rule 56(20A)(iii)(d) of the Kerala State GST Rules is struck down holding that the State has no legislative competence to formulate such Rule. (II) The challenge to the vires of other Rules is negatived. […]

Charging of interest U/s. 234B(1) in regular assessment not necessary for charging interest U/s. 234B(3)

April 8, 2018 3585 Views 0 comment Print

CIT Vs M/s. Baby Marine Exports (Kerala High Court) If the regular assessment was upheld finally and there was a reassessment and re-computation of total income, the assessee would have been liable to pay advance tax to that extent also, on which, an interest would be levied under Section 234B(3). It is been held that […]

HC grants GST Registration from 01.07.2017, delayed due to wrong PAN quoting in VAT Regime

April 6, 2018 996 Views 0 comment Print

On account of a mistake committed by the petitioner during 2009 in providing the PAN number of another firm for the purpose of obtaining registration under the Kerala Value Added Tax Act (the Act), the request of the petitioner for registration under the GST statutes were delayed and were granted only with effect from 12.08.2017.

Delay of 1964 days cannot be condoned for mere Ignorance of Law

April 4, 2018 2070 Views 0 comment Print

t is trite that ignorance of the law is not an excuse and lack of understanding would also be akin to ignorance; which cannot validly be taken up. The delay is also huge coming to 1964 days.

Goods detained under GST Act to be released immediately on compliance with GST rules

April 3, 2018 1704 Views 0 comment Print

If the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to them forthwith.

Goods can’t be detained for mere infraction of procedural GST Rules

April 2, 2018 1905 Views 0 comment Print

A taxable person transports the goods procured by them for own use to the site where the goods are to be consumed.

No prohibition under GST Law on Transporting of Goods to Unregistered Person: HC

April 2, 2018 1776 Views 0 comment Print

The specific case of the petitioner is that the consignment was intended to be supplied to three parties for quality appraisal on job work basis. Such transactions are not prohibited. Such goods in terms of the provisions contained in the CGST and SGST Act are to be transported on delivery chalans. The question whether the person to whom such goods are supplied has registration is irrelevant in the context of the statutes.

Release Goods detained under GST on furnishing of Simple Bond: Kerala HC

April 1, 2018 957 Views 0 comment Print

Petitioner seeks release of the goods detained by the second respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act.

Make appropriate changes in GST portal to enable petitioner to comply with statutory requirements: HC

March 28, 2018 1281 Views 0 comment Print

HC directs to make appropriate changes in the portal so as to enable the petitioner to comply with the statutory requirements for the period prior to 09.03.2018 also, within ten days

No tax liability still TDS mandatory?

March 27, 2018 8547 Views 0 comment Print

Academy of Medical Sciences Vs. CIT (Kerala High Court) Background Chapter XVII-B of the Income Tax Act, 1961 deals with deduction and collection of tax at source [with-holding tax].  This chapter is sub survient to section 4 i.e. charging section of the Act. Section 40(a)(ia) deals with dis-allowance of a portion of expenditure[ which is […]

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