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Search results for: Kerala High Court

Kerala HC's Order in The Case of ST. Antony Trading and Transport Pvt. Limited Vellara House vs. Joint Commissioner (Appeals)

Kerala High Court: GST Appellate Authority Must Decide Appeals on Merits, Even in Appellant’s Absence

Under the Central Goods and Services Tax Act (CGST Act 2017), the Kerala High Court has ruled that an appellate authority is required to consider the merits of an appeal even when there is no appearance on behalf of the appellant. It was mentioned by the court that the order is required to be passed […]

Kerala HC's Order In Case of Malabar Institute of Medical Sciences Ltd. Vs DCIT

Kerala High Court: Section 263 Under IT Can’t Be Comprised as Closed Remand

The Kerala High Court addressed an income tax appeal for the nature of an order passed by the Commissioner of Income Tax under section 263 of the Income Tax Act. The taxpayer, Malabar Institute of Medical Sciences Ltd., contested the Income Tax Appellate Tribunal’s (ITAT) decision, which had dismissed their appeal against a revised assessment […]

Kerala HC's Order In Case of Aaron Construction Co. Versus Union Of India

Kerala High Court: Non-filing Tax Returns After Assessment Order Can Be Fatal for Assessee

The non-filing of the returns even after the receipt of the assessment order is fatal for the taxpayer, Kerala High Court ruled. It was noted by the bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. that the same might be correct that the respondents did not furnish a formal notice as needed […]

Kerala HC's Order in Case of Muvattupuzha Agricultural Co-Operative Bank Ltd. Vs Income Tax Officer (NFAC)

Kerala High Court Ruling: An Assessee Can Claim Deduction U/S 80P By Filing ITR on Time

The Kerala High Court in a case ruled that the advantages of Income tax, 1961 deduction u/s 80(P) were refused because of not furnishing the ITR on the said time. The applicant Muvattupuzha Agricultural Co-Operative Bank Ltd., has furnished the writ petition contesting the assessment order under section 148A(d) of the Income Tax Act and […]

Kerala HC’s Order in Case of Faizal Traders Pvt Ltd Vs Deputy Commissioner

Kerala High Court Affirms Validity of GST Deadline Extensions During Pandemic

The decision of the Kerala High Court in the case of Faizal Traders Pvt Ltd vs Deputy Commissioner revolves around denying a GST input tax credit (ITC) claim and pertinent penalties under the CGST/SGST Act. Faizal Traders, a registered dealer in furnishing services to Southern Railway and distributing BSNL top-up and recharge coupons, contested an […]

Kerala HC's Order for Julie Jose

Kerala High Court Cancels Order Due to Violation of Section 75(4) of CGST Act

An assessment order passed without affording a personal hearing under Section 75(4) of the Goods and Service Tax (GST) Act, 2017 has been dismissed by the Single Bench of the Kerala High Court. The current writ petition has been submitted by Julie Jose, who is subject to the Central Goods and Service Tax (CGST) and […]

Bail Granted in a Case of Non-Payment of GST

Kerala High Court: Anticipatory Bail Granted in Case of Non-GST Payment

In a major relief, The Kerala High Court has granted anticipatory bail to the person who is accused (indirectly) of non-payment of Goods and Services Tax to the amount of Rs 17.53 crores along with non-filing of GSTR 3B returns for the period from October 2020 onwards. The applicant, Abdul Shaji, is apprehending his arrest […]

Kerala HC Cancel GST Registration

Kerala High Court Frees Goods & Vehicles Based on Bond: GST

The High Court of Kerala in a recent hearing has ordered the release of goods and vehicles on the basis of a simple bond. The Order comes into a case of Umiya Enterprise vs. State Tax Officer, the high court did not pronounce the final judgment however it stated that “it is the strong case […]

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