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.
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.
The Kerala High Court halted recovery action, ruling that it is improper to pursue tax collection once the appeal hearing before the NFAC has concluded and orders are merely awaited. The Court directed the appellate authority to dispose of the appeal expeditiously before coercive steps can continue.
The Kerala High Court ruled that tax recovery proceedings must be held in abeyance when an assessee’s delay condonation and stay petitions are pending before the appellate authority (NFAC). The Court emphasized that the Revenue has a duty to act fairly and decide these procedural applications before initiating coercive recovery action.
Kerala High Court mandated that the CPC, Bengaluru, must dispose of an assessee’s grievance petition challenging a Section 143(1) intimation within three months. Recovery proceedings based on the impugned intimation are stayed until the CPC issues its final decision.
Kerala High Court halted coercive tax recovery, directing the NFAC to first dispose of the pending Section 154 rectification petition. The ruling ensures fairness by suspending recovery when a procedural dismissal (based on a 704-day delay) is being challenged.
The Kerala High Court ruled that once appeal hearings are completed before the CIT(A), the Revenue must wait for the final orders before initiating coercive recovery action. The CIT(A) was directed to dispose of the pending income tax appeals within a strict two-month timeframe.
