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Kerala High Court

Determination of gratuity payable depends on date on which gratuity became payable and not on date of sanction

June 13, 2023 723 Views 0 comment Print

Kerala High Court held that gratuity payable under the said Act has to be determined with respect to the date on which the gratuity became payable and not on the date on which sanction was accorded for payment of DCRG.

Deduction u/s 80P allowable only if claimed via valid return

April 28, 2023 4647 Views 0 comment Print

Kerala High Court held that deduction under section 80P of the Income Tax Act is allowable only if the same is claimed via a valid return.

Writ jurisdiction cannot be invoked if petitioner failed to prefer statutory remedies available

April 20, 2023 468 Views 0 comment Print

Sabu Puthen Veedu Vs Assistant Commissioner of State Tax (Kerala High Court) The petitioner has approached this Court seeking to quash Ext.P2 order based on Ext.P1. Ext.P2 is the demand raised. The order is dated 20.12.2021. The petitioner has not chosen to exhaust the statutory remedies available against Ext.P2 and after waiting for more than […]

Demand of tax on Motor Vehicle already Sold: Consider Objection – HC directs

April 20, 2023 876 Views 0 comment Print

Thankamma Vs Taxation Officer (Kerala High Court) The petitioner, was the registered owner of a heavy goods vehicle bearing Registration No.KL-19-7599. The petitioner had sold the said vehicle, on 01.07.2019, to one Mr. Noushad K.H. The vehicle was sold for the purpose of scrapping the same, but, later the petitioner was served with Ext.P1 demand […]

Kerala HC slams GST Dept for Seizure of Cash not forming part of stock

April 19, 2023 3702 Views 0 comment Print

Shabu George Vs State Tax Officer (Kerala High Court) CGST Act authorizes the seizure of things, including cash in appropriate cases, we do not think that the present is a case that called for a seizure of the cash found in the premises of the appellants at the time of the search. The power of […]

Section 112(8)(b) contemplate sum equal to 20% of remaining amount of tax in dispute: HC

April 15, 2023 1116 Views 0 comment Print

Kerala High Court recalls interim order in Sandeep’s review petition against State Tax Officer. Clarifies the correct interpretation of Section 112(8)(b).

Section 80P deduction: HC directs assessee to submit relevant documents to AO

April 15, 2023 3096 Views 0 comment Print

Udayanapuram Service Co-Operative Bank Ltd Vs ITO (Kerala High Court) The challenge in this writ petition is against the assessment order produced as Ext.P1 and the demand notice issued pursuant to the assessment. The assessment relates to the assessment year 2020­21. The only question that is involved is whether the petitioner’s Society is entitled to […]

Order rejecting claim of ITC without giving reasons for said rejection is unsustainable

April 15, 2023 993 Views 0 comment Print

Kerala High Court held that order passed rejecting claim of input tax credit (ITC) on purchase of capital goods without giving reasons for rejecting the same is unjustified and unsustainable.

Appellate Authority directed to entertain appeal after collecting Kerala Legal Benefit Fund amount

April 14, 2023 942 Views 0 comment Print

Kerala High Court directed the First Appellate Authority to entertain the appeals preferred by the appellant against assessment order after collecting amounts due towards Kerala Legal Benefit Fund.

Form No.10B filed late- Section 11 exemption denied – Date extended – HC grants stay

April 12, 2023 297 Views 0 comment Print

Grievance of petitioner is that benefit of Section 11 of Income Tax Act has not been extended to petitioner, which is a Charitable Society. The reason stated is that they failed to submit audit reports in time.

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