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Kerala High Court

Amount received for not carrying out any activity relating to business taxable as business income: Kerala HC

August 22, 2024 1155 Views 0 comment Print

In lieu of the appellant discontinuing the commodity brokerage business, BNP Paribas offered compensation of Rs.40 crores. Pursuant thereto, in a meeting held on 23.05.2008, resolution was passed by the Board of Directors of the appellant accepting the said offer.

CGST Act Excludes Limitation Act for Appeal Delays: Kerala HC

August 21, 2024 1164 Views 0 comment Print

Kerala HC rules CGST Act provisions are self-contained, excluding Limitation Act for appeal delays. Dismisses writ petition on grounds of time-barred appeal.

Failure to check order at GST portal due to registration cancellation: HC directs fresh adjudication

August 19, 2024 390 Views 0 comment Print

Kerala High Court grants a petitioner the opportunity to challenge GST assessment orders uploaded post-registration cancellation, subject to deposit of ₹10 lakhs.

Writ Not Maintainable for Factual Errors in Building Tax Assessment: Kerala HC

August 19, 2024 270 Views 0 comment Print

Kerala HC holds that writs are not maintainable against orders of the First Appellate Authority under the Kerala Building Tax Act; revisional jurisdiction is available.

Kerala HC Remands Kerala Cricket Association Income Exemption Case to ITAT

August 8, 2024 2511 Views 0 comment Print

Department had challenged the finding of Tribunal on the issue as to whether the income received by the Kerala Cricket Association during the assessment years 2010-11, 2012-13, and 2013-14 would partake of the nature of exempted income going by the provisions of Section 2(15) of the Act

Denial of Credit Under KVAT Act Due to Non-Registration Unjust: Kerala HC

August 5, 2024 462 Views 0 comment Print

Kerala High Court rules that denying KVAT credit based on non-registration of a seller is unjust. Court directs credit for taxes remitted to State Exchequer.

Amnesty Scheme Payable Amount Can Be Adjusted from KVAT Refund: Kerala HC

July 31, 2024 960 Views 0 comment Print

Kerala High Court held that adjustment of amount payable under Amnesty Scheme 2020 as against refund amount due to the appellant is permissible. Accordingly, writ allowed and adjustment of amount directed.

KVAT Penalty Deleted as Form 16 Declaration Showed Goods Intended for Own Use: Kerala HC

July 31, 2024 558 Views 0 comment Print

Kerala High Court held that imposition of penalty u/s. 47(6) of Kerala Value Added Tax Act unjustified as declaration in Form 16 produced demonstrating that goods that were being transported were for own use of the assessee.

Section 7(aa) of CGST Act will have prospective effect from 01.01.2022: Kerala HC

July 27, 2024 3189 Views 0 comment Print

Kerala High Court held that the provisions of Section 7(aa) of the Central Goods and Service Tax Act, 2017 (CGST Act) will have prospective operation with effect from 01.01.2022.

Gain on property kept for investment purpose taxable only under capital gain: Kerala HC

July 27, 2024 1305 Views 0 comment Print

Kerala High Court held that when a property kept not for trade, but for an investment purpose is sold, the gain has to fall under head ‘capital gains’ and such transaction is only taxable under capital gain and not under adventure of trade.

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