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Kerala High Court

Goods Carriage Vehicles Cannot Be Reclassified for Tax: Kerala HC

April 2, 2025 312 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 1449 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 1008 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 783 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 1716 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 1026 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.

GST Appeal Limitation: Three months follows British calendar, not 90 days – Kerala HC

March 26, 2025 1689 Views 0 comment Print

 Kerala HC rules on GST appeal limitation, holding that ‘month’ under Section 107 of CGST/SGST Acts follows the British calendar system, allowing appeal reinstatement.

PCIT empowered to cancel Section 12A Registration: Kerala HC

March 26, 2025 468 Views 0 comment Print

Kerala High Court held that section 12AA empower the Principal Commissioner to pass order cancelling registration granted u/s. 12A of the Income Tax Act and for ordering the same Principal Commissioner is not required to await decision of Assessing Authority.

Contractor Cannot Claim Additional GST if Contract Rates Include GST: Kerala HC

March 25, 2025 1332 Views 0 comment Print

Kerala High Court held that when contract rates fixed are inclusive of GST and other taxes, contractor is not permitted to claim GST over and above the fixed rates. Accordingly, writ dismissed.

GST SCN Pertaining to Separate Entity to Be Addressed as Preliminary Issue: Kerala HC

March 24, 2025 870 Views 0 comment Print

Kerala High Court addresses GST notice challenge in Minimol Sabu case. Court directs adjudicating authority to consider preliminary objections.

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