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Kerala High Court

In case of Contract Sales Tax Liability pre GST implementation gets extended to GST afterwards

March 20, 2019 1236 Views 0 comment Print

Jilmon John Vs State of Kerala (Kerala High Court) I am of the considered view that, there is a stipulation contained under clause 44 of Ext.P1 that, the Sales Tax as per Rules from time to time is liable to be paid by the petitioner and the rates quoted for various items remain unaffected by […]

Section 80P(4): To allow deduction AO can enquire into activities of assessee

March 19, 2019 2778 Views 0 comment Print

The Mavilayi Service Co-operative Bank Ltd Vs CIT (Kerala High Court) In view of the law laid down by the Apex Court in Citizen Co-operative Society v. Assistant Commissioner of Income Tax: AIR 2017 SC 5147, it cannot be contended that, while considering the claim made by an assessee society for deduction under Section 80P […]

Goods detained shall be released to petitioner on furnishing bank guarantee: HC

March 12, 2019 822 Views 0 comment Print

I am of the view that the goods detained shall be released to the petitioner on furnishing bank guarantee in terms of the order passed under Section 129(1)(a) of the CGST Act, 2017. The petitioner shall file an appeal within a period of one month.

GST: HC remanded back the matter to Single Bench, which was dismissed without considering merits

March 6, 2019 1491 Views 0 comment Print

M/s. Sangeetha Jewellery Vs State Tax Officer (Kerala High Court) In this writ appeal it is mainly contended that the dismissal of the writ petition is erroneous on the ground that the judgment in M/s Sheen Golden Jewels (India) Pvt. Ltd. (supra) covers only the question regarding constitutional validity of Section 174 of the KSGST […]

Loss Due to Obsolescence of Stores & Spares in Inventory is Allowable Business Expenditure

February 25, 2019 13500 Views 0 comment Print

Ms. Hindustan Newsprint Ltd. Vs ACIT (Kerala High Court) In the present case, the Tribunal had permitted devaluation with respect to the items in which the committee had recommended 100% devaluation confining the actual devaluation to 80%. The Tribunal disallowed 20% of the claim finding it to be the scrap value of the devalued items. […]

Debenture redemption Premium allowable in each year covered by debentures

February 25, 2019 19509 Views 0 comment Print

Loss on account of issuance of debentures at premium was expenses for the borrowing and therefore, was allowable as deduction u/s 37 in computing the income however, the loss suffered had to be applied in respect of each year covered by debentures, to an appropriate extent.

Section 153A Assessment -Incriminating material whether necessarily be discovered?

February 19, 2019 2697 Views 0 comment Print

After issuing notice under section 153A revenue can carry out re-assessment or assessment with respect to the six immediate prior years and the year in which the search is carried out. This does not require any incriminating material recovered on search relating to those prior years; in which there is no time left, on the date of search, for an assessment under section 143.

Form-29B not significant for processing of Income Tax Return: HC

February 18, 2019 28431 Views 0 comment Print

We have already found that Form-29B is not at all significant for processing of the return as is seen from the facts of the case which indicate that such processing having been done far earlier to the filing of such statement

Multiple invoices under one E-way Bill: HC releases Goods on Simple Bond

February 11, 2019 4410 Views 0 comment Print

Stove Kraft Pvt. Limited Vs Assistant State Tax Officer (Kerala High Court) Petitioner is a dealer. The goods and vehicle have been detained; in the e-way bill generated, petitioner has shown three invoices. Noting that separate e-way bill will have to be generated to each of the invoices, goods have been detained. It is to […]

GST: Section 129(1)(b) applies to transporter as person interested in goods

February 4, 2019 16509 Views 0 comment Print

Daily Express Vs Assistant State Tax Office (Kerala High Court) We cannot accept the argument of the appellant for the reason that Section 129(1) makes it adequately clear that any person who is interested in the goods shall be liable under Section 129(1)(b). Particularly, a reading of Section 129(6) would indicate that where a person […]

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