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Kerala High Court

Kerala HC Quashes Section 148A Notice/order passed Without Opportunity for Hearing

September 24, 2023 4134 Views 0 comment Print

Kerala High Court quashes Income Tax Act Section 148A notice and order, citing absence of a reasonable opportunity for petitioner to be heard

Failure to carry valid documents during transit constitutes deliberate tax evasion

September 23, 2023 1347 Views 0 comment Print

Read about Kerala High Court’s verdict in EVM Passenger Cars India Pvt. Ltd. vs. State of Kerala, highlighting importance of GST document compliance during goods transportation.

GST Registration Cancellation: Role of DGGI vs. Superintendent of Central Tax

September 22, 2023 1455 Views 0 comment Print

Muhammad Salmanul Faris k Vs Superintendent, CGST & Central Excise (Kerala High Court) The Kerala High Court recently delivered a judgment in the case of “Muhammad Salmanul Faris k Vs Superintendent, CGST & Central Excise.” The case revolved around the cancellation of the petitioner’s GST registration by the Directorate General of Goods and Services Tax […]

Non-Reflection in GSTR-2A Insufficient for Denying Input Tax Credit

September 19, 2023 32424 Views 1 comment Print

Explore the Kerala High Court’s judgment in Diya Agencies vs. State Tax Officer, highlighting that denying input tax credit based solely on GSTR-2A is unjust.

In contract for transfer of right to use goods, taxable event is execution of contract: Kerala HC

September 16, 2023 999 Views 0 comment Print

Kerala High Court held that under the Kerala Value Added Tax Act, 2003 (KVAT Act) in a contract for the transfer of the right to use the goods, the taxable event is the execution of the contract for delivery of the goods, and if that has taken place, it was immaterial whether the transfer was exclusively or to the exclusion of all others.

Maintainability of writ against section 263 revision power, while appeal before CIT(A) is pending

September 13, 2023 1947 Views 0 comment Print

Kerala High Court’s judgment on the maintainability of a writ petition against IT Act Section 263 during the pendency of an appeal before CIT(Appeals).

Assessee is responsible to monitor GST Portal after cancellation of GST registration

September 9, 2023 1905 Views 0 comment Print

Explore the Kerala High Court ruling in Koduvayur Constructions vs AC-Works Contract case. Understand the significance of GST portal notices and the responsibility of the assessee.

Clarification order didn’t reasoned why Senquel-AD Mouthwash is not classifiable as medicament- HC directs re-adjudication

September 2, 2023 369 Views 0 comment Print

Kerala High Court held that clarification order accepts classification of Clohex and Clohex Plus as medicament, based on the fact that they were manufactured under a drug licence. However, there is no reason discernible from clarification order as to why Senquel-AD Mouthwash which is presented in a similar form cannot also be classified as a medicament.

Secured creditor obtains priority over right claimed by Revenue

August 21, 2023 2496 Views 0 comment Print

Kerala High Court held that a secured creditor, under Section 26E of the SARFAESI Act and Section 31B of the RDB Act, obtains priority over the right claimed by the Revenue both in proceeding against the properties in question or in recovering the secured debt.

Electricity not being goods as per KVAT is not taxable

August 18, 2023 606 Views 0 comment Print

Kerala High Court held that ‘electricity’ is not goods as per definition of goods u/s 2(xx) of the Kerala Value Added Tax Act, 2003 (KVAT) accordingly not exingible to tax under KVAT.

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