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Kerala High Court

Article 25 not Gives any Immunity from Taxation to nuns & priests: Kerala HC

July 13, 2021 6024 Views 0 comment Print

Nirmal Rani Provincial House Vs. Union of India (Kerala High Court) Facts: 1. The appellants submitted that the salaries received by the nuns and priests and made over to the religious congregations were not chargeable to income tax, and tax was never deducted at source from the salaries paid to them. They relied upon circulars […]

Criminal proceeding cannot be initiated against AO for passing tax refund Order

July 12, 2021 1608 Views 0 comment Print

G. Santhosh Kumar Vs State Of Kerala (Kerala High Court) The Kerala High Court, in major relief to Ex Assistant Tax Commissioner, G.Santosh Kumar ruled that the criminal proceedings can not be initiated against a Public Servant for passing incorrect quasi-judicial order or against the government. The petitioner, G.Santosh Kumar who was the assessing authority […]

HC admit Pleas against Oil Companies Circular mandating to pay without deduction of Section 194Q TDS

July 6, 2021 2166 Views 0 comment Print

According to the learned counsel for the petitioner, the Income Tax Department has clarified the newly introduced provision of Section 194Q of the Act by their communication at Ext.P7 which unequivocally states that buyers are supposed to deduct tax at source within the sale consideration payable to the Oil Companies.

AO entitled to draw inferences if assessee fail to offer satisfactory explanation

July 6, 2021 1122 Views 0 comment Print

Sudarsanan P. S. Vs CIT  (Kerala High Court) The last question that was argued by Adv.Arun Raj related to the claim under Section 69C of the Act for the payment of Rs.3,26,380/-. As mentioned earlier, when satisfactory explanation is not offered by the assessee, the assessing officer is entitled to draw inferences. The expenditure to […]

Technical glitches at transition stage to GST should not affect statutory right of dealers

July 5, 2021 1752 Views 0 comment Print

Union Of India Vs Merchem India Pvt. Ltd (Kerala High Court) It is significant to note that the statute does not provide for any provision for lapsing of unutilized input tax credit for non filing of TRAN-1. The input tax credit is required by law to be credited to the electronic credit ledger of an […]

Writ petition against an order of NCLT not maintainable before HC

July 2, 2021 12897 Views 0 comment Print

Ideal Surgicals Vs National Company Law Tribunal (Kerala High Court) The challenge in these original petitions is against the proceedings of the National Company Law Tribunal (NCLT), Kochi Bench. IBC, 2016 is a Single Unified Umbrella Code, covering the entire gamut of the law relating to insolvency resolution of corporate persons and others in a time […]

Consider inclusion of Petrol, Diesel under GST: HC to GST Council

June 21, 2021 2715 Views 0 comment Print

Petitioner made representation to Chief Secretary, Government of Kerala, to request GST Council to include the petrol and diesel in the GST regime and till a decision is taken by the GST Council, Government of Kerala may refrain from levying the state tax on petrol and diesel.

ITC cannot be denied merely for non-reflection of transaction in GSTR 2A

June 17, 2021 40362 Views 0 comment Print

St. Joseph Tea Company Ltd. Vs State Tax Officer (Kerala High Court) The recipients of the petitioner under its provisional registration (ID) for the period from 01.07.20217 to 09.07.2018 shall not be denied ITC only on the ground that the transaction is not reflected in GSTR 2A. It will be open for the GST functionaries […]

DIN of director cannot be deactivated merely for section 164(2) disqualification

June 16, 2021 6909 Views 0 comment Print

Director Identification Numbers (DINs) of assesses-director allotted under Rule 10 of the Companies (Appointments and Qualifications of Directors) Rules, 2014, were not liable to be deactivated or cancelled solely for the reason that assesses-director stood disqualified for appointment / reappointment as Directors of Companies by operation of Section 164(2).

Conduct of lottery by an outside state: Host state can make appropriate rules to monitor  

May 17, 2021 1581 Views 0 comment Print

State of Kerala Vs Future Gaming & Hotel Services (P) Ltd. (Kerala High Court) The Hon’ble High Court of Kerala in State of Kerala & Ors Vs. Future Gaming & Hotel Services (P) Ltd [WA.No.78 of 2021], declared that a host state (where lottery is selling) has legislative competence to make appropriate rules to scrutiny […]

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