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Search results for: Kerala HC

Kerala HC's Order In the Case of Philip Thomas Vs State Tax Officer

Kerala HC Orders ITC Can’t Be Refused for Delay in Filing GST Returns U/S 16(5) of CGST

The Kerala High Court, in a ruling, held that input tax credit for FY 2019–20 cannot be rejected on the ground of late filing of GST returns if the return was filed before the cut-off date of 30 November 2021, as stipulated under Section 16(5) of the Central Goods and Services Tax Act (CGST). The […]

Kerala HC's Order in The Case of Pazhassi Motors vs. State of Kerala

Kerala HC: ITC Claim Valid if GST Returns Are Filed on Time; Limitation U/S 16(4) Not Applicable

The Kerala High Court has made an important ruling regarding the Central Goods and Services Tax (CGST) Act of 2017. It was determined that Section 16(5) serves as a non-obstante provision, which means it can override the time limits stipulated in Section 16(4). The Court emphasised that as long as taxpayers file their returns by […]

Kerala HC's Order in The Case of Saleena Shahul Hameed vs. The State Tax Officer

Kerala HC: No Restoration of Cancelled GST Registration Just to Claim ITC Benefit U/S 16(6)

The Kerala High Court has issued a ruling stating that a Goods and Services Tax (GST) registration that has been cancelled cannot be reinstated solely for the intention of claiming Input Tax Credit (ITC) as per Section 16(6) of the CGST Act, 2017. Under Section 16(6) of the Central Goods and Services Tax Act, 2017, […]

Kerala HC's Order in the Case of Shazil Shariff vs. The Chief Commissioner Of Central GST And Central Excise

Kerala HC Upholds GST Registration Cancellation Citing Delay in Seeking Remedy

The Kerala High Court has rejected a writ petition contesting the cancellation of a GST registration, which was filed after a delay of one year. The petitioner/assessee did not utilise the available statutory remedies within the timeframe mandated by law, leading to the dismissal of the petition. The bench of Justice Ziyad Rahman A.A. cited […]

Kerala HC's Order In Case of M/s Apollo Tyres Ltd. vs The Principal Commissioner of Income Tax

Kerala HC: Section 263 Revision Not Permissible When AO Allowed 32AC Deduction After Inquiry

The revisional power under Section 263 of the Income Tax Act cannot be invoked when the Assessing Officer (AO) allows a deduction under Section 32AC after a proper inquiry, the Kerala High Court stated. Justices A. Muhamed Mustaque and Harisankar V. Menon cited that only for the reason that AO extended the deduction claimed after […]

Kerala HC's Order In Case of Sterling Farm Research and Services Pvt. Ltd vs. CIT

Kerala HC: Section 263 Can Be Applied If AO Fails to Address Core Issues in Tax Order

The Kerala High Court ruled that Section 263 of the Income Tax Act, 1961, can be invoked where the Assessing Officer (AO) is not able to address the main issue in the assessment order. The bench stated that the problem does not appear to have been addressed by the assessing authority when issuing an order […]

Kerala HC's Order in The Case of Vinod Mukundan and Others vs. Union of India and Others

Kerala HC: No 18% GST on Health Insurance Premiums; Interim Relief Granted to Pensioners

The Kerala High Court has issued an important interim order allowing retired Union Bank employees to renew their group health insurance policies without being required to pay the 18% Goods and Services Tax (GST) on the premium amount. This provides significant immediate relief to the pensioners. The Court issued the interim order in response to […]

Kerala HC's Order in the Case of M/S. Stark Photo Book vs. The Assistant Commissioner

Kerala HC: Printing Digital Content on Paper Attracts 18% GST, Not 12%

There is an 18% GST and not 12% on the printing of digital images/letters on paper, which constitutes services, the Kerala High Court ruled. The question to bench was to determine whether the printing activities of the taxpayer, i.e, converting the figures, letters, photographs, etc., in a digital form, into a physical format by printing […]

Kerala HC's Order In the Case of Sravan Kumar Neela Vs. ACIT

Kerala HC: Additional Evidence Can’t Be Used to Revise Voluntary Tax Returns

The Kerala High Court has made a ruling regarding tax returns. It stated that if someone has voluntarily submitted their tax returns, they cannot go back and change them by adding new evidence later on. This decision is based on a specific rule 29 of the ITAT rules that allows the tax appeal tribunal to […]

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