Karnataka High Court held that notification no. 2/2023- Compensation Cess (Rate) dated 31.03.2023 and 3/2023 dated 26.07.2023 directing to pay compensation cess at Maximum Retail Price [MRP] as against transaction value runs counter to the CGST Act. Accordingly, the said notifications are quashed.
The Kerala High Court stayed tax recovery against an association, ruling that the NFAC must decide the pending appeal in light of the assessee’s restored Section 12A registration. The assessment order was based on the premise of cancellation, which the ITAT had since set aside.
Kerala High Court dismissed a writ petition challenging a Section 153C assessment, ruling that the ITAT had already addressed the Abhisar Buildwell Supreme Court judgment. Since the ITAT order contained a finding on the judgment’s applicability, the assessee’s only recourse was a statutory appeal under Section 260A.
The Kerala High Court stayed tax recovery against a co-operative bank, directing the NFAC to expeditiously decide the Section 80P deduction appeal. The ruling requires the appellate authority to specifically consider the binding Supreme Court precedent set in the Mavilayi Service Co-operative Bank judgment.
The Kerala High Court quashed an Income Tax Appellate Tribunal (ITAT) order because the Tribunal decided the case ex parte on the first posting date. The Court ruled this a clear violation of natural justice, as the ITAT failed to consider the assessee’s advance request for adjournment and lack of appeal memorandum.
Kerala High Court halted coercive tax recovery, ruling that since appeal hearing before NFAC was completed and orders were awaited, recovery action was premature. Court directed NFAC to dispose of appeal within two months, and recovery is stayed until that decision is issued.
Delhi High Court set aside the Section 148A(3) reassessment order against Vedanta, ruling that subsequent GST Department closure of the underlying ITC issue materially affects the basis of escapement of income. The matter was remanded for a fresh decision incorporating the GST clean chit on the same transaction.
Bombay High Court set aside the Section 148 notice, reiterating that only the Faceless Assessing Officer possesses the statutory power to issue it. The ruling was based on the binding precedent of the Hexaware Technologies Ltd. decision.
HC rules assessment under UPGST Act unsustainable if personal hearing is denied, even when written reply opportunity was provided to taxpayer.
Kerala High Court denied the Section 10(37) capital gains exemption for land with trees, ruling that mere existence of rubber or fruit trees is insufficient. Assessee must prove actual agricultural activity and income in the preceding two years. The Court directed the AO to re-examine the alternate Section 54F exemption claim on merits.
