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Kerala High Court

Penalty for non-compliance with notice u/s. 133(6) justified: Kerala HC

April 5, 2025 1215 Views 0 comment Print

The petitioner contends that the 1st respondent lacked jurisdiction to issue notice, as the 1st respondent is not the Assessing Officer. The petitioner objected on 28.03.2016, but the 2nd respondent directed compliance by 25.07.2016, threatening the imposition of penalty.

Income Tax Section 263 Order Cannot Be Construed as Closed Remand: Kerala HC

April 2, 2025 1575 Views 0 comment Print

Kerala High Court rules a Section 263 order is not a closed remand, allowing challenge to subsequent assessments without separate appeal.

Kerala VAT: Fresh Assessment After Remand Nullifies Original Order – HC

April 2, 2025 948 Views 0 comment Print

Kerala High Court clarifies Joint Commissioner’s authority to revise assessment orders post-remand, upholding revenue interests.

Ayurvedic Treatment Incidental to Resort Facilities Attracts Luxury Tax: Kerala HC

April 2, 2025 630 Views 0 comment Print

Kerala High Court rules Ayurvedic resort’s facilities liable for luxury tax, stating Ayurvedic treatment is incidental to the resort’s main business.

Goods Carriage Vehicles Cannot Be Reclassified for Tax: Kerala HC

April 2, 2025 285 Views 0 comment Print

Kerala High Court rules that goods carriage vehicles cannot be reclassified as construction vehicles for one-time tax under the Kerala Motor Vehicles Taxation Act.

Burden on Assessee to Prove Agricultural Land Capital Gains Tax Exemption: Kerala HC

April 2, 2025 1329 Views 0 comment Print

Kerala High Court rules that the assessee must prove land is agricultural for capital gains tax exemption. Tribunal’s factual findings upheld; appeal dismissed.

Reassessing time barred assessment based on subsequent CAG report not justifiable

March 31, 2025 921 Views 0 comment Print

Kerala High Court held that revenue cannot proceed to re-assess, on the basis of subsequent CAG report, the assessment which was time barred by virtue of limitation provisions u/s. 25(1) of the KVAT Act.

Invocation of expired bank guarantees by Customs department impermissible: Kerala HC

March 31, 2025 696 Views 0 comment Print

The appellant/writ petitioner was under Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016 initiated by the National Company Law Tribunal, Kochi.

GST audit to be completed within 3 months from date on which all records are made available

March 27, 2025 1560 Views 0 comment Print

Kerala High Court held that commencement of GST audit u/s. 65 means date on which records and documents are made available by registered person. Hence, GST audit ought to be completed within 3 months from the said date.

Proceeding under SARFAESI Act and IBC is saved from provision providing precedence to BUDS Act

March 26, 2025 939 Views 0 comment Print

The borrowers defaulted on loan repayment, prompting the petitioner to initiate proceedings under the SARFAESI Act. Physical possession of the property was taken on 05.12.2023.

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