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.
The Kerala High Court ruled that coercive tax recovery against an assessee must be kept in abeyance while the NFAC considers the pending delay condonation and stay petitions. The Court directed the NFAC to decide the delay condonation petition within two months, and if successful, rule on the stay petition within one month thereafter.
Court directed a fresh assessment, holding that flavoured milk is correctly classified as milk with added sugar (Entry 0402). This classification takes precedence over general beverage entry, ensuring lower 5% GST rate applies.
Kerala High Court held that the statue permits taxpayer to correct bonafide errors by self-verification of assessment and payment of liability until the notice is issued under section 73 of the CGST. Accordingly, bonafide error in assessment and intimation in DRC-03 is directed to be allowed.
Recognizing initial technical difficulties in GST compliance, the Kerala High Court allowed taxpayers to reapply for ITC relief under CBIC Circulars 183/2022 and 193/2023, requiring officers to examine claims within 30 days.
