Kerala High Court held that declaring income and paying tax under Income Tax Act does not preclude action under the Benami Transactions Act, as both operate independently.
Kerala High Court held that appellate authority to adopt liberal view and accept document since appropriate opportunity not granted by adjudicating authority to produce documents. Accordingly, writ disposed of and matter remanded back.
Kerala High Court set aside the CIT(A)’s order dismissing AMMA’s appeal for non-appearance, directing fresh consideration under Section 250(6) of the Income Tax Act.
The Kerala High Court held that revisional powers under Section 263 cannot be invoked when the Assessing Officer has examined and accepted a deduction claim under Section 32AC after due inquiry.
Kerala High Court held that proviso to Section 194A(3) of the Income Tax Act which requiring co-operative society to deduct TDS on interest amount is constitutionally valid. Accordingly, writ petitions are dismissed.
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.
