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Kerala High Court

Rejection of GST Refund for Second Application Beyond Statutory Time Limit Unjustified

December 21, 2024 2106 Views 0 comment Print

Kerala High Court held that rejection of the application for refund on the ground that the second application filed by the petitioner was beyond the time specified in sub-section (1) of Section 54 of the CGST/SGST Acts cannot be sustained in law.

Delay of nine years in filing refund application u/s. 119(2)(b) not condonable: Kerala HC

December 20, 2024 2334 Views 0 comment Print

The respondent/writ petitioner had approached the writ court impugning order passed by the Principal Commissioner, Income Tax rejecting the application filed by the respondent u/s. 119(2)(b) of the Income Tax Act, 1961.

Kerala HC Allows Filing of Form Missed Due to GST Portal Glitch

December 16, 2024 489 Views 0 comment Print

Kerala High Court granted one more opportunity to upload Form GST ITC-01 since the form was not uploaded due to technical glitches in GST portal. Accordingly, writ petition allowed.

HC quashes Demand for excess credit utilization which was due to IGST Reporting Error in GST Returns

December 11, 2024 1818 Views 1 comment Print

Kerala HC reviews dispute over incorrect GST credit classification; appellant seeks relief for IGST credit misuse in the case Padickapparambil Alex v. Union of India.

Requirement of separate notification for cross-empowerment u/s. 6(1) of CGST Act referred to division bench

December 10, 2024 1599 Views 0 comment Print

Kerala High Court held that the issue relating requirement of separate notification as contemplated by the provisions of section 6(1) of the CGST Act for cross-empowerment requires an authoritative pronouncement by a Division Bench of this Court.

Loss in derivative business is a business loss eligible to set off against business profit: Kerala HC

December 9, 2024 2268 Views 0 comment Print

Kerala High Court held that a loss in the derivative business is a business loss for the purposes of Section 72, and thus a set off of such business loss would have to be permitted against profits and gains of business.

Interest u/s. 28AA of Customs Act not leviable on person ineligible for benefit under FTP: Kerala HC

December 9, 2024 771 Views 0 comment Print

Kerala High Court held that person found ineligible for any benefit received under the terms of any scheme under the Foreign Trade Policy (FTP) is not liable to pay interest under section 28AA of the Customs Act, 1962.

Luxury tax leviable on charges collected for provision of sophisticated medical beds to expecting mothers

December 9, 2024 573 Views 0 comment Print

Kerala High Court held that charges collected for provision of sophisticated medical beds for providing optimum nursing care to expecting mothers is liable to luxury tax under the Kerala Tax on Luxuries Act, 1976.

Considering merits of matter while deciding condonation application u/s. 119(2)(b) not justified

December 7, 2024 1056 Views 0 comment Print

Kerala High Court held that considering merits of the matter while deciding application for condonation of delay for filing revised returns not justified.

Non-submission of reply cannot be base for passing of GST order: Kerala HC

December 5, 2024 1044 Views 0 comment Print

Kerala High Court held that order simply proceeded due to non-submission of reply to show cause notice issued under section 74 of the CGST/SGST Act not justified. Accordingly, matter restored back for fresh consideration.

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