Disallowance Operate Against Erring Employer Assessee When Employees' Contribution To EPF/ESI Not Made Within Due Date: Kerala High Court
5 months, 1 week ago

Disallowance Operate Against Erring Employer Assessee When Employees' Contribution To EPF/ESI Not Made Within Due Date: Kerala High Court

Live Law  

The Kerala High Court has held that the disallowance operates against erring employer assessee when employees' contribution to EPF/ESI not made within the due date.The bench of Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. The Kerala High Court has held that the disallowance operates against erring employer assessee when employees' contribution to EPF/ESI not made within the due date. has observed that where the employees' contribution to EPF/ESI was not made over by the employer to the statutory authorities within the due date prescribed for making those payments under the respective statutes, the disallowance under Section 36 would operate against the erring employer assessee. The case of the assessee, on the other hand, was that by virtue of provisions of Section 194C of the Income Tax Act, there was an exemption from deduction of tax at source, in respect of payments made to the account of a contractor during the course of business of plying, hiring or leasing goods carriage, where such contractor owned 10 or less goods carriages at any time during the previous year, and furnished a declaration to that effect along with his permanent account number, to the person paying or crediting such sum.

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History of this topic

[Income Tax] Assessing Authority Can't Reassess Prior Years Without Inquiry While Determining Relevant Year's Assessment: Kerala High Court
1 month, 1 week ago

[Income Tax] Assessing Authority Can't Reassess Prior Years Without Inquiry While Determining Relevant Year's Assessment: Kerala High Court

Live Law  

The Kerala High Court stated that while determining the assessment of relevant years assessing authority cannot determine the assessment for earlier years without enquiry. observed that “…….we fail to understand how the assessing authority, as well as the First Appellate Authority, while considering assessment proceedings for the assessment years 2011-12 could have embarked upon an enquiry with regard to the …

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court
1 month, 1 week ago

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court

Live Law  

The Division Bench of Kerala High Court comprising Justices A.K. observed that “the concern of the Assessing Authority, while passing a consequential order, has to be limited to those specific issues that have been remanded to it for consideration by the Commissioner……….” Section 263 of the Income Tax Act, 1961 empowers the Commissioner of Income Tax to revise any order …

Direct Tax Weekly Round-Up: 14 To 20 July 2024
5 months ago

Direct Tax Weekly Round-Up: 14 To 20 July 2024

Live Law  

Bombay High Court JAO Cease To Have Jurisdiction To Issue Reassessment Notice Outside Faceless Assessment: Bombay High Court Case Title: Royal Bitumen Private Limited, Mumbai Vs. Assistant Commissioner of Income-Tax The Bombay High Court has held that the Jurisdictional Assessing Officer would cease to have jurisdiction to issue any notice under Section 148A and to take further actions under Section …

Contribution Collected From Employees If Not Deposited Within Due Dates Prescribed As Per PF & ESIC Act, Is Dis-Allowable: Mumbai ITAT
9 months, 1 week ago

Contribution Collected From Employees If Not Deposited Within Due Dates Prescribed As Per PF & ESIC Act, Is Dis-Allowable: Mumbai ITAT

Live Law  

The Mumbai ITAT recently clarified that mere deposit of employee's contribution before due date of filing return of income as per Section 139 of Income tax Act, will not make it eligible for deduction. Vs. CIT 143 taxmann.com 178, the Bench of Prashant Maharishi and Narendra Kumar Choudhry reiterated that “such sum collected from employees if not deposited within the …

EPF Pension : Kerala High Court Restrains EPFO From Reducing Higher Pension Received By Petitioners
1 year, 9 months ago

EPF Pension : Kerala High Court Restrains EPFO From Reducing Higher Pension Received By Petitioners

Live Law  

The Kerala High Court on Wednesday, while considering the plea moved by persons aggrieved by the abrupt discontinuance or reduction of the pension that was being received by them, directed that the same shall not be curtailed, limited or stopped without specific orders from the Court. The petitioners herein, who are covered under the provisions of the Employees Provident Fund …

Promissory Estoppel Can't Be Invoked For Enforcement Of Promise Contrary To Law: Kerala HC Sets Aside Order Allowing 10-Yrs VAT Exemption To SEZ Unit
2 years, 5 months ago

Promissory Estoppel Can't Be Invoked For Enforcement Of Promise Contrary To Law: Kerala HC Sets Aside Order Allowing 10-Yrs VAT Exemption To SEZ Unit

Live Law  

The Kerala High Court recently reversed a judgment passed by a single judge bench allowing a ten-year VAT exemption claimed by SEZ unit relying on the Kerala Industrial Policy 2009, applying the principle of promissory estoppel as per the ratio of Nestle India Ltd. and Llyod Electric and Engineering Ltd.A Division Bench of Justice S. V. Bhatti and Justice Basant …

Non Consideration Of Reply Filed By Assessee Amounts To Violation Of Natural Justice Principles: Kerala High Court
3 years, 6 months ago

Non Consideration Of Reply Filed By Assessee Amounts To Violation Of Natural Justice Principles: Kerala High Court

Live Law  

A Division Bench of the Kerala High Court while allowing an appeal on Thursday observed that non consideration of a reply filed by the assessee amounts to violation of the principles of natural justice, when the existence of such reply is within the knowledge of the assessing officer.The appellant M/S. A Division Bench of the Kerala High Court while allowing …

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