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Kerala High Court

Kerala HC directs Separate GST Proceedings for Each Financial Year Despite Consolidated SCN

October 24, 2024 5760 Views 0 comment Print

Kerala HC rules in Haries Muhammed case that GST authorities must issue separate orders for each financial year despite consolidated show cause notices.

Rectification order without informing rectification reason is liable to be quashed: Kerala HC

October 24, 2024 819 Views 0 comment Print

Kerala High Court held that passing of rectification order without informing reason that prompted the exercise of power of rectification is unsustainable in law. Accordingly, rectification order quashed.

CENVAT on transportation costs to buyer’s premises not admissible as costs not included in assessable value

October 23, 2024 501 Views 0 comment Print

Kerala High Court held that as transportation costs from place of removal to buyer’s premises not included in the assessable value of goods for purpose of payment of Central Excise duty hence service tax levied on such transportation cost not available as CENVAT Credit.

Show cause notice u/s. 148A in the name of deceased person untenable: Kerala HC

October 22, 2024 1218 Views 0 comment Print

Kerala High Court held that show cause notice u/s. 148A in the name of deceased person untenable. Accordingly, writ petition allowed with direction to issue fresh notice under section 148A (b) of the Income Tax Act.

Imposition of penalty u/s. 129 of CGST Act for minor discrepancies unwarranted: Kerala HC

October 21, 2024 2322 Views 0 comment Print

Kerala High Court held that imposition of tax/penalty under section 129 of the CGST / SGST Act in case of only minor discrepancies unjustified. Penalty can be imposed only for violations which may lead to evasion of tax.

Issuance of summons u/s. 70 not deemed to be initiation of proceedings u/s. 6(2)(b) of the CGST Act

October 21, 2024 2394 Views 0 comment Print

This was followed by summons issued u/s. 70 of the CGST Act leading to the recording of certain statements. Certain records were also produced before the Central Authority.

Penal liability u/s. 67 reduced for non-carrying requisite declaration in Form 8FA: Kerala HC

October 21, 2024 642 Views 0 comment Print

The petitioner partnership is a dealer in gold and diamond jewellery in Mumbai and registered as such under the Maharashtra Value Added Tax Act and the Central Sales Tax Act.

Kerala HC Sets Aside Input Tax Credit Denial, Orders Review

October 20, 2024 582 Views 0 comment Print

Kerala HC overturns denial of input tax credit under Section 16(4) of CGST/SGST Acts, orders review based on M. Trade Links judgment. Stay granted on coercive actions.

Order passed against deceased person is nullity: Kerala High Court

October 19, 2024 1680 Views 0 comment Print

Kerala High Court quashes order against deceased, allowing proceedings against legal heirs under CGST Act. Key case: Benoy Abraham vs State Tax Officer.

Clubbing PPF account of self and minor children for application of prescribed limit unjustified

October 18, 2024 1284 Views 0 comment Print

It is in the said situation that the captioned writ petition has been filed by the petitioners seeking a direction to re-credit the amount of Rs.6,87,021/- to the accounts of the petitioners with interest from the date of debit till the date of actual credit.

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