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Kerala High Court

Writ jurisdiction cannot be invoked if petitioner failed to prefer statutory remedies available

April 20, 2023 456 Views 0 comment Print

Sabu Puthen Veedu Vs Assistant Commissioner of State Tax (Kerala High Court) The petitioner has approached this Court seeking to quash Ext.P2 order based on Ext.P1. Ext.P2 is the demand raised. The order is dated 20.12.2021. The petitioner has not chosen to exhaust the statutory remedies available against Ext.P2 and after waiting for more than […]

Demand of tax on Motor Vehicle already Sold: Consider Objection – HC directs

April 20, 2023 804 Views 0 comment Print

Thankamma Vs Taxation Officer (Kerala High Court) The petitioner, was the registered owner of a heavy goods vehicle bearing Registration No.KL-19-7599. The petitioner had sold the said vehicle, on 01.07.2019, to one Mr. Noushad K.H. The vehicle was sold for the purpose of scrapping the same, but, later the petitioner was served with Ext.P1 demand […]

Kerala HC slams GST Dept for Seizure of Cash not forming part of stock

April 19, 2023 3477 Views 0 comment Print

Shabu George Vs State Tax Officer (Kerala High Court) CGST Act authorizes the seizure of things, including cash in appropriate cases, we do not think that the present is a case that called for a seizure of the cash found in the premises of the appellants at the time of the search. The power of […]

Section 112(8)(b) contemplate sum equal to 20% of remaining amount of tax in dispute: HC

April 15, 2023 1038 Views 0 comment Print

Kerala High Court recalls interim order in Sandeep’s review petition against State Tax Officer. Clarifies the correct interpretation of Section 112(8)(b).

Section 80P deduction: HC directs assessee to submit relevant documents to AO

April 15, 2023 3069 Views 0 comment Print

Udayanapuram Service Co-Operative Bank Ltd Vs ITO (Kerala High Court) The challenge in this writ petition is against the assessment order produced as Ext.P1 and the demand notice issued pursuant to the assessment. The assessment relates to the assessment year 2020­21. The only question that is involved is whether the petitioner’s Society is entitled to […]

Order rejecting claim of ITC without giving reasons for said rejection is unsustainable

April 15, 2023 909 Views 0 comment Print

Kerala High Court held that order passed rejecting claim of input tax credit (ITC) on purchase of capital goods without giving reasons for rejecting the same is unjustified and unsustainable.

Appellate Authority directed to entertain appeal after collecting Kerala Legal Benefit Fund amount

April 14, 2023 813 Views 0 comment Print

Kerala High Court directed the First Appellate Authority to entertain the appeals preferred by the appellant against assessment order after collecting amounts due towards Kerala Legal Benefit Fund.

Form No.10B filed late- Section 11 exemption denied – Date extended – HC grants stay

April 12, 2023 270 Views 0 comment Print

Grievance of petitioner is that benefit of Section 11 of Income Tax Act has not been extended to petitioner, which is a Charitable Society. The reason stated is that they failed to submit audit reports in time.

Income Tax Return Filed by A Co-op Society after due Date is invalid – 80P Deduction not allowed: Kerala HC,

April 11, 2023 2610 Views 0 comment Print

Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs CIT (Kerala High Court) Disposing an IT Appeal in M/s. Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs. the Commissioner of Income Tax (I.T.A. NO.120 of 2019 dated: 14.03.2023) it is held by the Hon’ble High Court of Kerala that, a return filed by a […]

Reasons for non-appearance found to be genuine hence ex-parte assessment order set aside

April 10, 2023 1614 Views 0 comment Print

Kerala High Court sets asides the ex-parte impugned assessment order and directs the assessing authority to pass fresh orders as the reasons for non-appearance before AO in response to the notice for hearing are found to be genuine.

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