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Kerala High Court

Property purchased before commission of offence cannot be attached u/s. 5(1) of PML Act

December 27, 2024 330 Views 0 comment Print

Kerala High Court held that provisional attachment of properties purchased before commission of offence under section 5(1) of Prevention of Money-Laundering Act, 2002 [PML Act] is ex-facie null and void. Accordingly, order attaching property quashed.

Allegation of bogus purchase without verification of books not justifiable: Kerala HC

December 24, 2024 957 Views 0 comment Print

The assessing authority, therefore, disallowed the deduction claimed by the appellant towards the purchase of paddy from the said persons and added this to the income declared by the appellant.

Orders passed mentioning old address of petitioner liable to be set aside: Kerala HC

December 24, 2024 417 Views 0 comment Print

Kerala High Court held that assessment and penalty order mentioning old address of the appellant are liable to be set aside as against the principles of natural justice. Accordingly, petitioner directed to immediately update his current address and e-mail ID.

Matter restored back since fact that grant of discount has no tax effect under CGST not considered

December 24, 2024 390 Views 0 comment Print

Kerala High Court remanded the matter back to Appellate Authority since fact that the grant of discount has no tax effect under CGST has not been considered. Accordingly, order quashed and restored back.

Section 25(1) of KVAT doesn’t permit passing of fresh order for same assessment year: Kerala HC

December 24, 2024 90 Views 0 comment Print

The petitioner was a registered dealer under the Kerala Value Added Tax Act, 2003 and Central Sales Tax Act, 1956. An assessment of the petitioner for the year 2015-16 was completed u/s. 25(1) of the KVAT Act by order dated 15.12.2018.

Writ disposed of with direction to prefer appeal before GST Tribunal: Kerala HC

December 23, 2024 225 Views 0 comment Print

Kerala High Court directed petitioner to prefer an appeal before GST Tribunal within one month of the constitution of GST Tribunal. Accordingly, writ petition disposed of.

Service Tax Refund of Company Cannot Be Used for Director’s Proprietary Dues: Kerala HC

December 23, 2024 246 Views 0 comment Print

Service Tax Refund of Company cannot can be appropriated towards outstanding dues of proprietary concern of Director: Kerala HC

Directed to approach GST Tribunal as and when it is constituted: Kerala HC

December 22, 2024 159 Views 0 comment Print

Kerala High Court directed petitioner to approach Tribunal by filing an appeal u/s. 112 of the CGST/ SGST Act as and when the Tribunal is constituted. Petitioner also directed to pay fine in lieu of confiscation for release of seized gold ornaments.

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

December 21, 2024 921 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 1956 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.

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