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Kerala High Court

Kerala HC directed to prefer appeal before appellate authority against revenue’s recovery notice

December 6, 2023 402 Views 0 comment Print

Kerala High Court directed to prefer an appeal before the appellate authority against the recovery notices issued by the revenue to petitioner who is claiming to have retired from the firm.

Appeal to be preferred before appellate authority as assessment order was within jurisdiction

December 6, 2023 1443 Views 0 comment Print

Kerala High Court held that petitioner was duly put to notice and thereafter the assessment proceedings had been completed. As assessment order was within jurisdiction and not in violation of principles of natural justice, petitioner directed to file an appeal before appellate authority u/s. 246A of the Act.

KVAT: Shipping Document Required for Concessional Rate to Lakshadweep Supplies

December 5, 2023 315 Views 0 comment Print

Kerala High Court dismissed the writ petition holding that furnishing of shipping document or best evidence is must in respect of supplies made to the Union Territory of Lakshadweep for the purpose of availing concessional rate of tax @4% under proviso to section 6(1) of the KVAT Act.

Section 119(2)(b) doesn’t empower PCIT to consider merits of claim of income

December 5, 2023 2724 Views 0 comment Print

Kerala High Court held that section 119(2)(b) of the Income Tax Act does not empower Principal Chief Commissioner/ Principal Commissioner of Income Tax to consider the merits of the claim of income, loss, etc.

PCIT has no power to consider merits of Income Tax refund application

December 4, 2023 1209 Views 0 comment Print

Kerala High Court held that the Principal Chief Commissioner or the Principal Commissioner of Income Tax has no power to consider the merits of the refund application. Here, what is required to be considered is the merits of the application for condonation of delay only.

Failure to Issue Notice for Hearing Invalidates Order under Section 250

December 4, 2023 2352 Views 0 comment Print

Kerala High Court held that provisions of section 250 of the Income Tax Act mandates Commissioner (A) to fix the date and place of hearing in the appeal and notice in that regard is required to be issued. Order issued in violation of procedure prescribed u/s. 250 is liable to be set aside.

Vehicle used for conveyance of contraband articles released on furnishing of bank guarantee

December 4, 2023 531 Views 0 comment Print

Kerala High Court Held that vehicle used for conveyance of contraband articles under the NDPS Act can be confiscated. But till the proceedings are concluded, there is no prohibition in releasing the vehicle under section 451 Cr. P.C after imposing stringent conditions. Accordingly, directed to release vehicle on furnishing of bank guarantee.

Section 14 of IBC does not create a bar for finalisation of Tax assessment & adjudication proceedings

December 1, 2023 1020 Views 0 comment Print

Explore the Kerala High Court’s decision on Platino Classic Motors vs. Deputy Commissioner of Central Tax. Analysis of IBC Section 14, assessment, and adjudication proceedings.

Kerala HC Dismisses Writ Against GST Dues Recovery Notice

December 1, 2023 723 Views 0 comment Print

Read the Kerala High Court judgment dismissing a writ petition challenging a revenue recovery notice for GST dues due to failure to appeal the assessment order.

KVAT: Kerala HC Directs 10% Penalty Deposit to Stay Recovery

December 1, 2023 387 Views 0 comment Print

Explore the Kerala High Court judgment on Nirapara Roller Flour Mills vs State Tax Officer. Learn how the court directs a 10% penalty deposit for recovery stay, citing KVAT Act amendments.

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