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Kerala High Court

Section 25(1) of KVAT doesn’t permit passing of fresh order for same assessment year: Kerala HC

December 24, 2024 669 Views 0 comment Print

The petitioner was a registered dealer under the Kerala Value Added Tax Act, 2003 and Central Sales Tax Act, 1956. An assessment of the petitioner for the year 2015-16 was completed u/s. 25(1) of the KVAT Act by order dated 15.12.2018.

Writ disposed of with direction to prefer appeal before GST Tribunal: Kerala HC

December 23, 2024 627 Views 0 comment Print

Kerala High Court directed petitioner to prefer an appeal before GST Tribunal within one month of the constitution of GST Tribunal. Accordingly, writ petition disposed of.

Service Tax Refund of Company Cannot Be Used for Director’s Proprietary Dues: Kerala HC

December 23, 2024 567 Views 0 comment Print

Service Tax Refund of Company cannot can be appropriated towards outstanding dues of proprietary concern of Director: Kerala HC

Directed to approach GST Tribunal as and when it is constituted: Kerala HC

December 22, 2024 447 Views 0 comment Print

Kerala High Court directed petitioner to approach Tribunal by filing an appeal u/s. 112 of the CGST/ SGST Act as and when the Tribunal is constituted. Petitioner also directed to pay fine in lieu of confiscation for release of seized gold ornaments.

Rejection of GST Refund for Second Application Beyond Statutory Time Limit Unjustified

December 21, 2024 2007 Views 0 comment Print

Kerala High Court held that rejection of the application for refund on the ground that the second application filed by the petitioner was beyond the time specified in sub-section (1) of Section 54 of the CGST/SGST Acts cannot be sustained in law.

Delay of nine years in filing refund application u/s. 119(2)(b) not condonable: Kerala HC

December 20, 2024 2301 Views 0 comment Print

The respondent/writ petitioner had approached the writ court impugning order passed by the Principal Commissioner, Income Tax rejecting the application filed by the respondent u/s. 119(2)(b) of the Income Tax Act, 1961.

Kerala HC Allows Filing of Form Missed Due to GST Portal Glitch

December 16, 2024 450 Views 0 comment Print

Kerala High Court granted one more opportunity to upload Form GST ITC-01 since the form was not uploaded due to technical glitches in GST portal. Accordingly, writ petition allowed.

HC quashes Demand for excess credit utilization which was due to IGST Reporting Error in GST Returns

December 11, 2024 1737 Views 1 comment Print

Kerala HC reviews dispute over incorrect GST credit classification; appellant seeks relief for IGST credit misuse in the case Padickapparambil Alex v. Union of India.

Requirement of separate notification for cross-empowerment u/s. 6(1) of CGST Act referred to division bench

December 10, 2024 1527 Views 0 comment Print

Kerala High Court held that the issue relating requirement of separate notification as contemplated by the provisions of section 6(1) of the CGST Act for cross-empowerment requires an authoritative pronouncement by a Division Bench of this Court.

Loss in derivative business is a business loss eligible to set off against business profit: Kerala HC

December 9, 2024 2196 Views 0 comment Print

Kerala High Court held that a loss in the derivative business is a business loss for the purposes of Section 72, and thus a set off of such business loss would have to be permitted against profits and gains of business.

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