High Court ruled that an AO’s failure to determine if a unit sale was a slump sale (S.50B) or short-term capital gain (S.50) made the assessment erroneous and reversible under Section 263.
Kerala High Court clarified that proceedings under Section 73 apply only where tax is unpaid, short-paid, or wrongly availed. Since the taxpayer only adjusted ITC under the wrong head without causing loss to the exchequer, the GST demand was quashed.
Court ruled that writing off bad debts in balance sheet and profit and loss account is sufficient under Section 36(1)(vii), clarifying that closing each debtor’s ledger account is unnecessary.
Limitation under Rule 68B of the second schedule to the Income Tax Act did not apply to RDDB Act (Recovery of Debts Due to Banks and Financial Institutions Act, 1993) proceedings as Rule 68B of the IT Act had no mandatory application to recoveries under the RDDB Act
Form 3CL was not a determinative document for claiming deduction, and non-production of the same did not amount to wilful non-disclosure or suppression of material facts under Explanation 1 to Section 147.
These Public Interest Litigations are filed by the petitioners substantially seeking the relief of including the petrol and diesel under the GST regime so as to achieve a harmonized national market as contemplated under Article 279 (A) of the Constitution of India.
The Kerala High Court, in Poovachal Rural Housing Co-Operative Society Ltd. Vs JCIT, directed the Faceless Assessment Centre to use the Verification Unit for physical examination of a co-operative society’s voluminous cash book, acknowledging the difficulty of complete online submission.
The Kerala High Court ruled that a Tribunal’s observation to assess under S. 68 is non-binding, granting the assessee an “open remit” to challenge the cash credit addition.
The Kerala High Court has temporarily halted income tax recovery proceedings against Palode Service Co-Operative Bank Ltd a Primary Agricultural Credit Society. The Kerala High Court stayed income tax recovery proceedings against a Primary Agricultural Credit Society, citing a pending appeal where the core tax issue is allegedly covered by the Supreme Court’s Mavilayi Service Co-Operative Bank judgment.
Kerala High Court recalls its 2024 order after finding petitioner’s GST refund plea was wrongly linked to a batch case challenging Section 16(2)(c) of CGST Act.
