Kerala HC held Rule 55 empowers NCLT to accept additional pleadings, setting aside refusal to entertain further objections in a Section 7 case.
Kerala HC held that it could not direct parallel investigations when the same FIR was already under consideration before the Karnataka High Court.
Kerala High Court kept refund adjustment in abeyance, directing disposal of the pending rectification application before recovery action.
Kerala HC held reassessment under Sections 25A and 25(1) cannot continue after the statutory limitation period expires.
The Kerala High Court held that Section 144B does not require issuance of a draft assessment order to an ordinary assessee. It ruled that the requirement applies only to an eligible assessee as defined under the Income Tax Act.
The Kerala High Court held that although the NCLT order was recorded as a consent order, the petitioner could challenge the portion imposing ₹1 lakh per day for non-compliance. The Court granted time to file an appeal before the appellate tribunal.
The Kerala High Court held that banks are not required to obtain approval from the Local Level Committee under the National Trust Act before enforcing security interests under the SARFAESI Act. The Court also ruled that challenges to SARFAESI proceedings should ordinarily be pursued before the Debt Recovery Tribunal.
The Kerala High Court held that the ITAT wrongly assumed that the Assessing Officer had not examined either disputed issue. It remanded the matter for fresh consideration after finding non-consideration of the assessee’s contentions.
The Kerala High Court held that condonation of delay in filing the income tax return could materially affect the assessment denying Section 80P deduction. It directed the Assessing Officer to decide the rectification application within three months.
The Kerala High Court held that the non-obstante clause in Section 16(5) prevails over the time limit under Section 16(4) where returns are filed before the statutory cut-off date. It remanded the matter for reconsideration of the ITC claim.
