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Kerala High Court

GST registration cancellation – Availment of wrong remedy by petitioner – HC directs petitioner to file a fresh application for revocation

September 19, 2022 1887 Views 0 comment Print

Whether revocation of cancellation of GST registration can be allowed even after the statutory time limit given and extended time limit by authority has been expired due to Covid-19 Pandemic all over the world?

Shareholders cannot be Impleaded Independently under Industrial Disputes Act: HC

September 9, 2022 4845 Views 0 comment Print

Government not denuded from running a company holding majority of shareholder. But shareholder independently cannot be made a party for adjudication of the lis.

VAT Act cannot be amended after Introduction of GST Act, 2017

August 30, 2022 3138 Views 0 comment Print

Value Added Tax (VAT) Act Cannot Be Amended After  Introduction Of CGST Act, 2017  – State Tax Officer & Anr Vs. Baiju A.A (Kerala High Court)

Use of pressure horns instead of normal – HC issues directions to Traffic Police

August 25, 2022 804 Views 0 comment Print

Traffic Police directed to ensure that all vehicle owners removed pressure horns from all private, official transports & auto rickshaws

Pension is deferred salary, akin to property under Article 300A

August 22, 2022 6087 Views 0 comment Print

Held that pension is deferred salary, akin to property under Article 300A of the Constitution of India. The right to pension is a constitutional right.

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

August 22, 2022 4305 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 2130 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 2559 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 5169 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 2355 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.

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