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Kerala High Court

Income Tax Appeal Before Wrong Forum; HC Allows Correction & Stays Recovery for a Month

July 24, 2025 414 Views 0 comment Print

The Kerala High Court has stayed recovery proceedings for one month, allowing petitioners to shift their income tax appeals to the Tribunal under Section 253(1)(d).

HC Allows Release of Confiscated Goods on Payment of Fine – Section 130 CGST

July 24, 2025 537 Views 0 comment Print

Kerala High Court allows release of GST confiscated goods if not auctioned, pending appeal. A taxpayer’s vehicle and scrap materials were ordered released under Section 130 upon fine payment.

Kerala Luxury Tax on Large Residences Constitutionally Valid; Demand Beyond 3 Years Set Aside

July 24, 2025 921 Views 0 comment Print

The Kerala High Court affirmed the validity of Section 5A of the Kerala Building Tax Act, classifying it as a building tax, not a luxury tax, but restricted recovery to a three-year period.

Kerala HC Upholds Triple Panchayat Tax on Unauthorised Buildings

July 24, 2025 396 Views 0 comment Print

Kerala High Court dismisses plea, upholds triple tax on unauthorised constructions, citing lack of proof for ‘deemed permit’ claims.

Section 264: Revisional Authority Can Review Existing Orders, Cannot Direct AO

July 24, 2025 678 Views 0 comment Print

Kerala High Court rules Section 264 revisional authority can only review existing orders, not issue directions to Assessing Authority; clarifies limitation period.

Kerala HC Upholds Notice Service on Adult Family Member Under Customs Act

July 24, 2025 294 Views 0 comment Print

Kerala High Court affirms notice service on an adult family member is valid under Customs Act Section 153, dismissing a challenge against gold confiscation and penalty.

GST Confiscation Order Not Invalid Without Express Conveyance Reference

July 24, 2025 528 Views 0 comment Print

Kerala High Court rules confiscation order valid even without express conveyance reference, if show cause notice proposed it and owner failed to respond.

No Provisional Release of Vehicle/Goods Under Art. 226 Once Confiscation Order is Passed

July 23, 2025 471 Views 0 comment Print

Kerala High Court denies provisional release for tankers seized over tax document issues, directing petitioners to pursue statutory appeals under CGST Act Section 107 or 130(7).

Wrong ITC Head (CGST/SGST Instead of IGST) Not Grounds for Section 73 Action

July 23, 2025 13854 Views 0 comment Print

Kerala High Court quashes GST demand against Golden Traders, ruling that availing ITC under wrong heads, without revenue loss, is not automatically subject to reversal under Section 73.

Customs Act: Kerala HC Quashes Order for Denial of Mandatory Personal Hearing u/s 28(8)

July 21, 2025 444 Views 0 comment Print

The Kerala High Court has set aside a Customs Department order, reaffirming that a personal hearing is a mandatory requirement under Section 28(8) of the Customs Act, 1962. The ruling came in the case of Premier Marine Foods Vs Union of India, involving a partnership firm engaged in import and export that challenged a demand of over Rs. 1.32 crore in duty drawback

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