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Kerala High Court

Deduction u/s 54F was allowable even if borrowed funds were utilized for investment in new residential asset

October 1, 2025 1227 Views 0 comment Print

Construction was funded through borrowed money, and assessee sought to utilize the account funds to repay the debt. However, Department denied the request to close the account and release funds citing incomplete construction, use of borrowed funds, non-filing of returns for the relevant assessment years, and non-compliance with Section 54F conditions.

Correction of Basic Tax Register on re-survey conducted prior to enactment of Act 28 of 2008 are valid

September 29, 2025 819 Views 0 comment Print

Kerala High Court held that correction of Basic Tax Register from nilam to purayidam based on re-survey conducted prior to enactment of Act 28 of 2008 are valid. Accordingly, writ appeals of department are dismissed.

No Writ Jurisdiction in GST Penalty Deduction from Navy Payments: Kerala HC

September 29, 2025 372 Views 0 comment Print

Kerala High Court held that reliefs sought in writ cannot be entertained as debit of penalty from amount receivable could only be treated as dispute arising from contract entered between petitioner and department. However, dispute arising out of a contract cannot be resolved in writ petition of this nature.

Building tax exemption granted to free accommodation to aged and disable person rendering service to charitable institution

September 25, 2025 504 Views 0 comment Print

Kerala High Court held that exemption from building tax u/s. 3(1)(b) of the Kerala Building Tax Act, 1975 granted as building is used for providing free accommodation to aged and disabled person rendering their services to the charitable/ religious institutions.

Kerala HC Quashes 154 Rectification for Ignoring Timely Reply

September 25, 2025 429 Views 0 comment Print

Kerala High Court quashes a Section 154 rectification order and demand against Kerala State Welfare Corp. for violating natural justice by ignoring the assessee’s timely filed objection.

Kerala HC Restores Penalty Appeal When Related Assessment Appeal Pending

September 25, 2025 351 Views 0 comment Print

Kerala High Court restores penalty appeal after condoning 525-day delay, citing ITAT’s relief for the linked assessment appeal, ensuring merits-based hearing when the core tax demand is disputed.

HC Permits Delayed Submission of Tax Stay Petition Due to Technical Issues

September 25, 2025 507 Views 0 comment Print

Kerala High Court held that taxpayers unable to file stay petitions online due to lack of facility must be given an opportunity to do so, with the petition considered within three months and proceedings paused in the meantime.

CBDT Circular on DIN Invoked – Kerala HC Directs AO to Decide in Reassessment

September 25, 2025 693 Views 0 comment Print

The Kerala High Court ruled that taxpayers must first challenge the validity of a reassessment notice lacking a Document Identification Number (DIN) with the Assessing Officer.

Error in Income Tax Return Must Be Corrected by Revised Return, Not Rectification

September 25, 2025 1008 Views 0 comment Print

Kerala High Court has dismissed Vimala Hospital’s appeal, ruling that an error in a tax return cannot be corrected through a rectification plea if a revised return was not filed within the statutory timeframe. The court upheld the lower authorities’ decision, stating that the hospital’s voluntary declaration of anonymous donations in its return was binding.

Kerala HC Declares Provisional Attachment Void After Six Months Without Extension

September 25, 2025 477 Views 0 comment Print

High Court ruled that Section 281B provisional attachment lapses after six months unless extended, directing village officers to restore assessee’s property rights.

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