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Kerala High Court

Pension pension is not a charity and not relevant for Section 12AA registration

November 5, 2019 2034 Views 0 comment Print

M/S. GCDA Employees Vs COIT (Kerala High Court) It is well settled that pension is not a charity or bounty nor is it a conditional payment solely dependent on the sweet will of the employer. Pension is in the nature of deferred payment earned for rendering long and satisfactory service with the employer. It is […]

HC order release of Good detained for not showing correct Vehicle number on E-way Bill

November 2, 2019 1419 Views 1 comment Print

Kerala High Court ruling on E-way Bill, goods detention. AMM Aquapure Systems Vs Asstt. STO case details. Read the full judgment.

Accepted cash deposits above Rs. 20000- Section 271D penalty leviable

October 30, 2019 3126 Views 0 comment Print

Assessee could not establish any ‘reasonable cause’ with respect of acceptance of the deposits in cash, exceeding the permissible limit, imposition of the penalty was re-affirmed.

Detention of goods on ground that consignee was defaulter is not correct

October 29, 2019 591 Views 0 comment Print

Unitac Energy Solution Pvt. Ltd. Vs Ass. STO (Kerala High Court) Kerala High Court has held that detention claiming the consignee was a return defaulter for the last five months, is not a valid ground to justify detention under Section 129 of the CGST Act 2017. The High Court quashed the detention notice observing that […]

Liquidator decision is appealable under Section 42 of IBC, 2016

October 21, 2019 4008 Views 0 comment Print

P.X. Xavier Vs. K. Joseph (Kerala High Court) Admittedly, the Liquidator had taken a decision. The decision taken by the liquidator is appealable under Section 42 of the Code. The petitioners, in order to file appeal under Section 42 of the Code, filed an application to condone the delay in filing the appeal. It has […]

Provisions of Section 62(2) of GST Act have to be construed strictly

September 23, 2019 6126 Views 0 comment Print

M/s Bridge Hygiene Services Private Limited Vs The State Tax Officer (Kerala High Court) The statutory prescription of 30 days from the date of receipt of the assessment order passed under sub section (1) of Section 62 has to be strictly construed against an assessee and in favour of the revenue, since this is a […]

Section 62(2) GST- Statutory time limit has to be strictly construed

September 23, 2019 1260 Views 0 comment Print

Statutory prescription of 30 days from the date of receipt of the assessment order passed under sub-section (1) of Section 62 has to be strictly construed against an assessee and in favour of the revenue, since this is a provision in a taxing statute that enables an assessee to get an order passed against him on best judgment basis set aside. The provision must be interpreted in the same manner as an exemption provision in a taxing statute.

Expense allowable on accrual of liability for payment or expenditure

September 5, 2019 10938 Views 0 comment Print

Hon’ble High Court of Kerala which held that an expenditure to be incurred in future in respect of a liability that accrued during the related accounting would be eligible for a deduction. 

Demanding Bank A/c., Income Tax Return to continue dealership is infringement of Right to Privacy

September 4, 2019 4077 Views 0 comment Print

Demanding details pertaining to the bank account of a person and of  remittances made to the Income Tax Department towards discharge of tax liability shall amount to infringement of Right to Privacy, therefore, assessee was not bound to furnish their income tax returns and the bank account statements, as a condition for continuing the petroleum retail dealership granted to them. 

HC allows refund of IGST after adjusting higher rate of duty drawback

August 29, 2019 3459 Views 0 comment Print

G NXT Power Corp Vs Union of India (Kerala High Court) After hearing the counsel on the adjustment, the Court has suggested refund of IGST after adjusting the higher rate of duty drawback availed by the petitioner without refunding IGST amount. The counsel have consented to disposing of the writ petition by this order: a) […]

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