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Kerala High Court

Failure to Issue Notice for Hearing Invalidates Order under Section 250

December 4, 2023 4536 Views 0 comment Print

Kerala High Court held that provisions of section 250 of the Income Tax Act mandates Commissioner (A) to fix the date and place of hearing in the appeal and notice in that regard is required to be issued. Order issued in violation of procedure prescribed u/s. 250 is liable to be set aside.

Vehicle used for conveyance of contraband articles released on furnishing of bank guarantee

December 4, 2023 1197 Views 0 comment Print

Kerala High Court Held that vehicle used for conveyance of contraband articles under the NDPS Act can be confiscated. But till the proceedings are concluded, there is no prohibition in releasing the vehicle under section 451 Cr. P.C after imposing stringent conditions. Accordingly, directed to release vehicle on furnishing of bank guarantee.

Section 14 of IBC does not create a bar for finalisation of Tax assessment & adjudication proceedings

December 1, 2023 1605 Views 0 comment Print

Explore the Kerala High Court’s decision on Platino Classic Motors vs. Deputy Commissioner of Central Tax. Analysis of IBC Section 14, assessment, and adjudication proceedings.

Kerala HC Dismisses Writ Against GST Dues Recovery Notice

December 1, 2023 1032 Views 0 comment Print

Read the Kerala High Court judgment dismissing a writ petition challenging a revenue recovery notice for GST dues due to failure to appeal the assessment order.

KVAT: Kerala HC Directs 10% Penalty Deposit to Stay Recovery

December 1, 2023 666 Views 0 comment Print

Explore the Kerala High Court judgment on Nirapara Roller Flour Mills vs State Tax Officer. Learn how the court directs a 10% penalty deposit for recovery stay, citing KVAT Act amendments.

GST Interest/Penalty Waived for Delayed GSTR-3B After GSTN Cancellation

December 1, 2023 19662 Views 0 comment Print

Kerala High Court recently addressed the issue of levying GST interest and penalties for the delay in filing GSTR-3B after the cancellation of the Goods and Services Tax Identification Number (GSTIN).

Remission of property tax not granted in absence of advance notice u/s. 239(3) of Kerala Municipality Act

November 30, 2023 1641 Views 0 comment Print

Kerala High Court held that Municipality cannot grant remission of the property tax in absence of valid advance notice, as required under sub-section (3) of section 239 of the Kerala Municipality Act, to the Secretary for claiming remission of property tax in respect of the building that is vacant or which would be vacant from a particular date.

Appeal filing limit not extended as petitioner failed to exercise right of appeal within prescribed time limit

November 28, 2023 813 Views 0 comment Print

Kerala HC upholds tax demand as petitioner misses appeal deadline under Finance Act 1994, deems Order-in-Original valid. Read the full judgment.

Addition to capital account of partner sustained on failure to furnish supporting evidence

November 28, 2023 672 Views 0 comment Print

Kerala High Court held that addition to the capital account of the partner duly sustainable in law on account of failure of the assessee to furnish supporting evidence.

Principal place of business of 3rd person will be place of supply where supply is made on direction of 3rd person

November 27, 2023 3330 Views 0 comment Print

Kerala High Court held as per Section 10(1)(b) of the IGST Act, the place of supply of goods in case where the supply is made on the direction of the 3rd person, it would be deemed as 3rd person has received the goods and the place of supply of such goods shall be the principal place of business of such 3rd person.

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