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Kerala High Court

State has no Power to make Rules to regulate Inter-State movement of Goods under GST

October 22, 2017 1698 Views 0 comment Print

Neither the State Legislature nor the State Government would have the power to make laws/ rules to govern interstate movements of goods in the course of trade, and for the purposes of levy of tax,

Bad Debts deductible if same been taken into a/c in computing income of an earlier previous year

October 8, 2017 1488 Views 0 comment Print

In Stock point Share Services Private Ltd v. ACIT, Justices Antony Dominic and Dama Seshadri Naidu of Kerala High Court held that in order claim deduction in respect to bad debts under section Section 36(1)(vii) of the Income Tax Act, the assessee has to fulfill two conditions, i.e, (i) the bad debt has been written off and (ii) that the bad debt has been taken into account in computing the income of the assessee in the previous years.

Release Seized Goods on payment of 50% of demand as per GST: Kerala HC

September 19, 2017 2562 Views 0 comment Print

The respondent herein, a dealer registered under the KVAT Act and migrated to CGST Act, had purchased a consignment of plywoods from a manufacturer at Perumbavoor, and was transporting the same. The goods were detained by the appellants and Ext.P5 notice under Section 129(3) of the Central/State Goods and Services Tax Act, 2017 was issued.

Gain on sale of agricultural land after conversion into plots not exempt from tax

August 31, 2017 13233 Views 0 comment Print

Synthite Industrial Ltd. Vs CIT (Kerala High Court) Admittedly, the assessee purchased the land which was a rubber estate. The land was purchased to utilize it for the non-agricultural purpose of expansion of its factory. The rubber trees in the land were slaughter tapped which is a process that immediately precedes the cutting and removal […]

Assessee could be taxed only for the income that it has derived

August 15, 2017 3015 Views 0 comment Print

These Income Tax appeals are filed by the Revenue aggrieved by the order passed by the Income Tax Appellate Tribunal, Cochin Bench allowing I.T.A. Nos. 428 & 429 of 2002 filed by the respondent/assessee concerning the assessment years 1997-98 and 1998-99.

Kerala HC allows IT Returns filing without Quoting of Aadhaar

August 5, 2017 2469 Views 0 comment Print

Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(C) the High Court be pleased to issue an interim order, directing the respondents to allow the petitioner to file IT returns through e-filing or through Manual Filing without insisting on Aadhar number / Enrollment No., pending […]

No Service Tax on Sale of Used Car : Kerala HC

July 16, 2017 3003 Views 0 comment Print

The question concerns the sale of used cars. The Motor Vehicles Act, 1988, does not directly deal with the sale of a motor vehicle, a movable property; but the Sale of Goods Act, 1930, does. The Motor Vehicles Act, though, deals with the procedure post-sale. Here, a motor vehicle dealer is dealing in used cars. Is its transaction a sale in the conventional sense attracting the sales tax, or a service—as an intermediary, agent, or broker—to the true owner attracting service tax? The question is simple, but the answer is not.

Notice not become invalid for Mere non mention of ‘section 143(2)’ in it calling upon assessee to defend its case

July 11, 2017 2049 Views 0 comment Print

In this appeal, the assessee calls in question the order passed by the Income Tax Appellate Tribunal, Cochin Bench in I.T.A.No.375/14 for the assessment year 2005-2006.

Official Liquidator can file claim within a period of 4 years from winding up order date

June 10, 2017 5535 Views 0 comment Print

Official Liquidator (OL) could file claim within a period of four years from the date of winding up order, by taking the benefit of one year period immediately following the date of the winding up order, as provided under section 458A of the Act and the three years period provided under Article 137 of the Limitation Act.

Salary denial for not opening Salary a/c with employers bank is illegal

May 21, 2017 3837 Views 0 comment Print

Petitioners insist that they should get salary through the existing account with the SBI itself without insisting them to open accounts with the IDBI. Therefore, denial of salary to the petitioners on the ground that they did not open account with IDBI bank is illegal.

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