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Kerala High Court

Kerala HC: DGFT Circular on 4% SAD Refund Published on Website is Public Notice

August 11, 2023 570 Views 0 comment Print

Kerala HC rules on Elite Green Pvt Ltd’s claim for 4% SAD refund. Court finds that publishing on DGFT’s website amounts to public notice. Details here.

Unjustified Vehicle Seizure by Customs Suspecting Smuggling

July 26, 2023 777 Views 0 comment Print

Kerala High Court held that a vehicle cannot be seized by customs on an apprehension that it may be used in future as a means of transporting smuggled goods.

Kerala High Court Upholds Penalty for Delayed Submission of AIR

July 23, 2023 435 Views 0 comment Print

The Kerala High Court rules in favor of Director of Income Tax in Sub Registrar vs Director of Income Tax, asserting that the bonafide impression of AIR submission by a predecessor isn’t a “reasonable cause” for 526-day delay.

Revenue Department cannot seize cash during the inspection

July 20, 2023 1125 Views 0 comment Print

Kerala High Court in Dhanya Sreekumari v. State Tax Officer held that cash not being a stock-in-trade of assessee, was not a thing that ought to have been seized and directed Revenue Department to release cash seized to assessee.

Section 107 of CGST Act impliedly excluded application of Limitation Act

June 26, 2023 9366 Views 0 comment Print

Kerala High Court held that provisions of section 107 of the Central Goods and Services Tax Act impliedly excluded the application of the Limitation Act. Accordingly, the Limitation Act will apply only if it is extended to the special statute.

Income accruing or arising in the hands of minor is added to parent’s total income

June 23, 2023 618 Views 0 comment Print

Kerala High Court held that provisions of section 64(1)(v) of Income Tax Act clearly states that income accruing or arising in the hands of a minor child will be added to the parent’s total income.

Competent authority bound to re-assess basic tax rate post change in nature of land

June 21, 2023 573 Views 0 comment Print

Kerala High Court held that as the nature of the land of the petitioner has been permitted to be changed pursuant to passing of a statutory order under the Kerala Land Utilisation Order, 1967, the competent authority is bound to re-assess the rate of Basic Tax in respect of the land

Demand of property tax without assessment of property is untenable

June 21, 2023 981 Views 0 comment Print

Kerala High Court held that there cannot be an automatic demand for property tax without fixing the tax payable in accordance with the procedure provided in the Act and the Rules. Accordingly, demand of property tax without assessment of the property is untenable in law.

Determination of gratuity payable depends on date on which gratuity became payable and not on date of sanction

June 13, 2023 669 Views 0 comment Print

Kerala High Court held that gratuity payable under the said Act has to be determined with respect to the date on which the gratuity became payable and not on the date on which sanction was accorded for payment of DCRG.

Deduction u/s 80P allowable only if claimed via valid return

April 28, 2023 3945 Views 0 comment Print

Kerala High Court held that deduction under section 80P of the Income Tax Act is allowable only if the same is claimed via a valid return.

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