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Kerala High Court

Section 119(2)(B) Condonation Focuses on Reason, Not Merits: Kerala HC

November 16, 2024 1680 Views 0 comment Print

Kerala High Court ruled that delay condonation under Section 119(2)(b) of the Income Tax Act should focus on sufficient reason, not merits of the claim itself.

Contravention of GST Act attracts civil and criminal action and not suspension of GST registration

November 14, 2024 1119 Views 0 comment Print

Kerala High Court held that for contravention of the provisions of the GST Act, department can take civil and/ or criminal action against the accused, however, suspension of GST registration directly hits the fundamental right and hence unjustified.

No GST on Director’s Personal Guarantee, Loan Extensions: Kerala HC

November 14, 2024 5448 Views 0 comment Print

Kerala High Court rules no GST applies to personal guarantees by directors or loans to subsidiaries. CBIC Circulars clarify GST exemption in related party transactions.

For period 01.07.2017 till 30.11.2022 claim for ITC made before 30th November should be processed

November 13, 2024 1461 Views 0 comment Print

Kerala High Court held that for the period from 01.07.2017 till 30.11.2022, if a dealer has filed return after 30th September and the claim for ITC was made before 30th November, the claim for ITC of such dealer should also be processed.

Transferring part of building for managing threshold limit for levy of luxury tax is tax evasion

November 11, 2024 600 Views 0 comment Print

Kerala High Court held that transferring 1st floor of the building to wife for reducing limit below prescribed threshold limit for levy of luxury tax is tax evasion and not tax planning. Hence, petition dismissed.

Supplementary report valid even if investigating officer fails to seek permission for further investigation

November 8, 2024 1041 Views 0 comment Print

Kerala High Court held that failure of investigating officer to seek permission before conducting further investigation cannot be the reason to held supplementary/additional final report invalid.

Rule 96(10) of CGST Rules is ultra vires of section 16 of IGST Act: Kerala HC

November 8, 2024 4170 Views 0 comment Print

Held that Rule 96(10) of the CGST Rules, as inserted by notification 53/2018-CT dated 09-10-2018 w.e.f. 23-10-2017 is declared ultra vires the provisions of Section 16 of the IGST Act and unenforceable on account of being manifestly arbitrary.

Wrong Scheme Mentioned in Shipping Bills: Kerala HC Orders Refund of Duty Drawback Amount

November 1, 2024 666 Views 0 comment Print

Kerala High Court addressed Shine Flexible Prints’ appeal regarding customs duties and export obligations, emphasizing compliance and procedural adherence.

Kerala HC Set Aside GST Assessment Orders Passed Before Reply Deadline

October 31, 2024 666 Views 0 comment Print

Kerala High Court nullifies GST assessment order issued before reply period expired, citing violation of natural justice for the 2017-18 tax year.

Right to avail ITC is conditional right: Kerala HC

October 25, 2024 1662 Views 0 comment Print

Kerala HC rules ITC is a conditional right under CGST, dismissing Tirupati Balaji Traders’ plea for input tax credit without supplier tax payment compliance.

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