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Kerala High Court

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

December 27, 2024 1338 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 1101 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 1257 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 1815 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 726 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 720 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.

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

December 24, 2024 735 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 642 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 600 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 474 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.

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