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Kerala High Court

Lok Ayukta cannot override orders Passed by Tax Authorities: Kerala HC

April 3, 2023 867 Views 0 comment Print

Kerala HC rules that Lok Ayukta lacks authority to override Sales Tax Officer’s orders. Case analysis of Additional Chief Secretary vs. Kerala Lok Ayukta.

KVAT: Once money received by State Government, credit has to be given to petitioner

March 11, 2023 750 Views 0 comment Print

KEC International Ltd. Vs State of Kerala (Kerala High Court) The Hon’ble High Court held that once the money has been received by the State Government, credit has to be given to the petitioner. It is for the KSEB to clarify how the payment was made to the State Government and the petitioner cannot be […]

Business Slips Seized from Third Parties in Search cannot be utilised for Assessment & Penalty: Kerala HC

March 11, 2023 567 Views 0 comment Print

HC held that data contained in business slips recovered from a person who was present at the time of inspection at premises and he had deposed that seized slips are not connected with assessee, has no evidentiary value for imposing penalty and making assessment under Kerala Value Added Tax Act,2003

Post participating in tender, bidder cannot challenge the conditions in bid document

February 18, 2023 6315 Views 0 comment Print

Kerala High Court held that after participating in a tender process, bidder cannot turn around and challenge the conditions in the bid document. As the bid amount was including GST, bidder-petitioner cannot claim the GST amount in addition to the amount bided.

Kerala HC Allows Payment of Motor Vehicle Tax arrears in Installments

February 17, 2023 495 Views 0 comment Print

Petitioner prayed for a direction to respondent to accept repayment of motor vehicle tax arrears demanded for the vehicle in instalments.

Higher rate of tax under Section 115BBE apply to AY 2017 -18

February 16, 2023 25914 Views 0 comment Print

Maruthi Babu Rao Jadav Vs ACIT (Kerala High Court) The writ petition sought for a declaration that the amendments made by the Taxation Laws (Second Amendment) Act, 2016, to Section 115BBE of the Income Tax Act, 1961 enhancing the rate of income tax, for specified incomes which are unexplained, to 60% and the surcharge provided […]

Initiation of proceeding u/s 130 of CGST Act due to discrepancy in quantity in documents is justified

January 26, 2023 1404 Views 0 comment Print

Kerala High Court held that discrepancy in quantity in the documents is sufficient for department to suspect the evasion of tax. Accordingly, initiation of proceedings u/s 130 of CGST/ SGST valid.

GST: SCN can still be Issued U/s. 73 – No Limitation For FY 2017-18 Under N/No. 13/2022 Dated: 05.07.2022

January 23, 2023 12261 Views 0 comment Print

GST: Show Cause Notice Can Still Be Issued U/S. 73 – No Bar Of Limitation Came Into Force For The Ay 2017-18 Under Notification No. 13/2022/05.07.2022

Section 234E Late Fee for delayed TDS return filing not applies to FY 2012-13

January 19, 2023 2436 Views 0 comment Print

This writ petition has been filed, challenging the levy of fees under Section 234E of the Income Tax Act, for the financial year 2012-13 on the ground that the provisions of Section 234E of the Act can operate only prospectively, i.e, with effect from 01.06.2015 and not in respect of any earlier period.

Statutory charge as per KGST Act & KVAT Act remains despite sale of property by Bank

January 17, 2023 1182 Views 0 comment Print

Kerala High Court held that statutory charge created against dealers as per the provisions of KGST Act, 1963 and KVAT Act, 2003, prior to any mortgage made, against the dealer would remain intact, even if the property is sold by Bank.

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