Follow Us:

Kerala High Court

GST showed in Invoice as SGST/CGST instead of IGST – Shown correctly in E-way Bill- Penalty Imposable?

August 22, 2022 4197 Views 0 comment Print

In the invoice accompanying the goods, the tax paid was shown to be under CGST & SGST, whereas it should have been shown as tax paid towards IGST. However, in the E-way bill accompanying the goods the tax paid was correctly shown as paid towards IGST.

Disqualification of director u/s 164(2) for non-submission of return of dissolved company is unsustainable

August 18, 2022 2094 Views 0 comment Print

Eanokaran Anthony Tony Vs Union of India (Kerala High Court) Held that disqualification of the director under section 164(2) of the Companies Act, 2013 for failure to submit returns with respect to a dissolved company is untenable in law. Facts- Petitioner was the Director of a company named Margin Free Kuries Private Ltd. As the […]

Imposition of penalty/ tax for failure to re-validate e-way bill without finding of evasion is unjustified

August 17, 2022 2520 Views 0 comment Print

Sanskruthi Motors Vs Joint Commissioner (Kerala High Court) Held that the officer was duty bound to consider the explanation offered by the petitioner for the expiry of the e-way bill. Hence, imposition of penalty/ tax on allegation that there was ample time to revalidate the e-way bill not justified as there was no finding of […]

Innocent party should not suffer for inaction of his consultant: HC

August 17, 2022 5139 Views 0 comment Print

Held that innocent party should not suffer for the inaction, deliberate omission or misdemeanor of his counsel/ consultant as long as there are no willful latches and negligence on the part of the party.

There has to be neutrality in arbitrator selection process

August 16, 2022 2298 Views 0 comment Print

Held that law mandates neutrality for both arbitrator and arbitrator selection process. Interim award passed by the arbitration who was appointed in contravention of provisions is unenforceable.

Appeal can be filed by person opting to make payment of tax & penalty on detention/seizure

August 16, 2022 6975 Views 0 comment Print

Held that person seeking to make payment of tax and penalty u/s. 129(1)(a) of the CGST Act cannot be deprived from filing an appeal u/s 107

Levying building tax by treating rented residential building as commercial building is unsustainable

August 13, 2022 2436 Views 0 comment Print

Held that building constructed as residential building and given on rent for residential purpose cannot be treated as commercial building for levying building tax.

Contract employee are also entitled to maternity leave: HC

August 9, 2022 30147 Views 0 comment Print

Government of Kerala has extended the benefit of maternity leave to employees appointed on contract basis irrespective of the tenure.

Service Tax: Suppression of Facts: Extended Period of Limitation Can Be Invoked For Assessment/Penalty Proceedings

August 8, 2022 17634 Views 0 comment Print

On 1.4.2007, the assessee took centralised registration and thereafter, the payment was not made until the show cause notice was issued. So the contention of the respondent bank that there was no suppression nor any mis-statement cannot be accepted. Section 73 of the Act gives extended period of limitation if there is suppression or misstatement or fraud or collusion.

GST: Voluntary Payment of Tax/Penalty U/S. 129 Does Not Debar A Dealer From Filing Appeal U/S.107

August 6, 2022 13431 Views 0 comment Print

Kerala HC held that even in cases where tax or penalty levied U/s. 129 of the GST Acts, 2017 was paid by a taxable person he can file an appeal U/s. 107 of the said Acts.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031