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Kerala High Court

Primary Agricultural Credit Society can claim deduction u/s 80P

May 11, 2016 3532 Views 0 comment Print

It is held that deduction u/s 80P is allowable to a primary agricultural credit society. In the instant case , assessee being a registered society classified in bye-laws as primary agricultural credit society is entitled to claim exemption u/s 80P.

Registration u/s 12AA cannot be denied questioning profit motive

May 8, 2016 2773 Views 2 comments Print

HC held that while disposing off an application for registration u/s 12AA , the CIT is required only to verify the geniuses of the trust’s activity so as to ensure that the same matches with the objects stated in the trust deed.

Service tax on admission to amusement facilities is constitutional

March 22, 2016 2896 Views 0 comment Print

Kerala High Court held that levy of service tax on admission to amusement facilities do not result into any trenching of Union Parliament on power conferred on State as two aspects taxed by respective legislatures are ‘service’ and ‘amusement’ and no law is invalid in taxing its respective aspect even when same activity being getting taxed twice under two different laws.

VCES 2013: Even 6 days delay cannot be condoned

February 22, 2016 3295 Views 2 comments Print

HC held that Voluntary Compliance Encouragement Scheme (VCES) was in the nature of an Amnesty Scheme and, therefore, its provisions have to be strictly interpreted. Infact, the scheme was a settlement between the assessee and the department and from the terms of the settlement neither party can be permitted to retract.

Kerala HC stays Retrospective Provisions of Payment of Bonus (Amendment) Act, 2015

January 27, 2016 7890 Views 1 comment Print

Hon’ble Kerala High Court in the case of The United Planters Association of Southern India Vs. Union of India, Stayed the Operation and Implementation of Payment of Bonus (Amendment) Act, 2015 to the extent the same gives retrospective from 01.04.2014

No liability on Flipkart under KVAT as no clear finding to held sale as Interstate sale which already taxed under CST Act: HC

October 30, 2015 3398 Views 0 comment Print

Kerala High Court held In the case of Flipkart Internet (P.) Ltd. vs. State of Kerala that It is well settled that show cause notices issued by statutory authorities particularly in case of imposition of penalty on an assessee, cannot pre-determine the guilt of an assessee.

Slot Charter Operation will be Included in Deemed Tonnage even if ship is not qualifying ship

October 18, 2015 766 Views 0 comment Print

Trans Asian Shipping Services Private Limited Vs. CIT ( kerala High Court) It was held in the case of the income derived from slot charter operations of a tonnage tax company is not liable to be excluded while determining the tonnage income under the tonnage tax scheme on the ground that such operations are carried on in ships which are not qualifying ships in terms of the provisions of Chapter XII G of the Act.

Penalty U/s 271C exigible if delay in remittance of TDS for Unreasonable Cause

October 16, 2015 2476 Views 0 comment Print

It was held by Kerala High Court in the case of Classic Concepts Home India Private Limited V/s. CIT that, penalty U/s 271C is exigible if delay in remittance of TDS is caused due to unreasonable cause.

Losses cannot be set-off against Bogus /unexplained cash credit Income

October 10, 2015 4830 Views 0 comment Print

Kerala High Court in the case of M/s Kerala Sponge Iron Ltd. vs. CIT held that once the income has been assessed u/s 68 as unexplained cash credit it cannot be treated as business income because it is not an income classifiable under any heads of income as per Sec 14.

Change in original statement cannot be relied unless supported by evidences

October 6, 2015 1048 Views 0 comment Print

The Hon’ble Kerala High Court in the case of Parayil Balan Nair vs. CIT held that the change in statement made by a party on whose original statement the notice was issued to assessee cannot be relied without proper reasoning produced in support of such change.

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