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Kerala High Court

Kerala HC stays Recovery Proceedings till disposal of Stay Application or Appeal

December 9, 2023 897 Views 0 comment Print

Read the full text of Kerala High Court’s judgment in Kunnappilly Builders LL.P Vs ACIT, directing a stay on income tax recovery proceedings until the appeal is disposed of.

Court Cannot Compel Private Entities to Issue C Form despite CST Compliance

December 9, 2023 1032 Views 0 comment Print

Explore the Kerala High Court judgment in Sri Balaji Gas Bottling Co. vs State Tax Officer. Analysis reveals limits of writ jurisdiction on C Form issuance under CST Rules.

No rectification under CGST Section 161 if SCN not been contested: HC

December 9, 2023 3270 Views 0 comment Print

Rectification under section 161 of GST Act is only permissible for errors apparent on face of record. In cases where show cause notices go uncontested, rectification cannot be sought to correct factual mistakes in the final order.

Revenue Department can release confiscated vehicle against bond & surety

December 8, 2023 1206 Views 0 comment Print

Kerala High Court’s landmark decision in Biju V.T. vs Senior Enforcement Officer case, empowering Revenue Department’s discretionary release of seized vehicles upon Assessee’s bond and surety.

Motor vehicle tax payable at rates prescribed for construction equipment vehicle when vehicle used only for construction purpose

December 7, 2023 1410 Views 0 comment Print

Kerala High Court held that vehicles are liable to be taxed at the rate prescribed for construction equipment as use of vehicle is only for the construction purpose. Accordingly, writ dismissed.

Kerala HC directed to prefer appeal before appellate authority against revenue’s recovery notice

December 6, 2023 753 Views 0 comment Print

Kerala High Court directed to prefer an appeal before the appellate authority against the recovery notices issued by the revenue to petitioner who is claiming to have retired from the firm.

Appeal to be preferred before appellate authority as assessment order was within jurisdiction

December 6, 2023 1677 Views 0 comment Print

Kerala High Court held that petitioner was duly put to notice and thereafter the assessment proceedings had been completed. As assessment order was within jurisdiction and not in violation of principles of natural justice, petitioner directed to file an appeal before appellate authority u/s. 246A of the Act.

KVAT: Shipping Document Required for Concessional Rate to Lakshadweep Supplies

December 5, 2023 486 Views 0 comment Print

Kerala High Court dismissed the writ petition holding that furnishing of shipping document or best evidence is must in respect of supplies made to the Union Territory of Lakshadweep for the purpose of availing concessional rate of tax @4% under proviso to section 6(1) of the KVAT Act.

Section 119(2)(b) doesn’t empower PCIT to consider merits of claim of income

December 5, 2023 3624 Views 0 comment Print

Kerala High Court held that section 119(2)(b) of the Income Tax Act does not empower Principal Chief Commissioner/ Principal Commissioner of Income Tax to consider the merits of the claim of income, loss, etc.

PCIT has no power to consider merits of Income Tax refund application

December 4, 2023 2007 Views 0 comment Print

Kerala High Court held that the Principal Chief Commissioner or the Principal Commissioner of Income Tax has no power to consider the merits of the refund application. Here, what is required to be considered is the merits of the application for condonation of delay only.

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