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Kerala High Court

Kerala HC Directs Reinstatement of Appeal, Grants Assessee One Week to Cure Defects

December 29, 2024 534 Views 0 comment Print

Kerala High Court directs reinstatement of appeal for Arun Vijayan Pillai Vijai, allowing him one week to cure defects and have the appeal decided on merits.

Kerala HC Sets Aside Section 148 Order & Notice, Directs Fresh Order After Considering Petitioner’s Reply & Hearing

December 29, 2024 435 Views 0 comment Print

Kerala High Court sets aside Section 148 order and notice, directing fresh consideration of the petitioner’s reply with an opportunity for a hearing.

Kerala HC Sets Aside ITC Denial under CGST Section 16(4)

December 29, 2024 546 Views 0 comment Print

Kerala High Court quashes ITC denial under CGST Section 16(4), directing reconsideration in light of Section 16(5) notification. Fresh order mandated within 3 months.

Refund due AY 2016-17 can not be adjusted against demand for AY 2015-16 if appeal is pending before tribunal-Kerala HC

December 28, 2024 648 Views 0 comment Print

In a recent ruling Hon’ble Kerala HC have held that refund due to the petitioner for the year 2016-17 could not have been adjusted against the demand for 2015-16 when there was a stay on account of the provisions contained in Section 60 (1A) of the KVAT Act.

Digital or manual signature of officer must for treating order u/s. 73 of CGST Act as valid

December 27, 2024 1275 Views 0 comment Print

Kerala High Court held that orders issued u/s. 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order for the purposes of the CGST/SGST Acts.

Initiation of reassessment proceedings against dead person illegal: Kerala HC

December 27, 2024 1023 Views 0 comment Print

The assessee, expired on 30.10.2021. Notice dated 27.03.2023 u/s. 148A(b) of the Act was served on the address of the late assessee. The said notice was with respect to the assessment year 2019-2020.

Property purchased before commission of offence cannot be attached u/s. 5(1) of PML Act

December 27, 2024 1170 Views 0 comment Print

Kerala High Court held that provisional attachment of properties purchased before commission of offence under section 5(1) of Prevention of Money-Laundering Act, 2002 [PML Act] is ex-facie null and void. Accordingly, order attaching property quashed.

Allegation of bogus purchase without verification of books not justifiable: Kerala HC

December 24, 2024 1701 Views 0 comment Print

The assessing authority, therefore, disallowed the deduction claimed by the appellant towards the purchase of paddy from the said persons and added this to the income declared by the appellant.

Orders passed mentioning old address of petitioner liable to be set aside: Kerala HC

December 24, 2024 699 Views 0 comment Print

Kerala High Court held that assessment and penalty order mentioning old address of the appellant are liable to be set aside as against the principles of natural justice. Accordingly, petitioner directed to immediately update his current address and e-mail ID.

Matter restored back since fact that grant of discount has no tax effect under CGST not considered

December 24, 2024 666 Views 0 comment Print

Kerala High Court remanded the matter back to Appellate Authority since fact that the grant of discount has no tax effect under CGST has not been considered. Accordingly, order quashed and restored back.

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