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Search results for: kerala hc

Kerala HC's Order in The Case of Mathai M.V. vs. The Senior Enforcement Officer

Kerala HC: GST Notice Sent via WhatsApp Is Invalid Under Section 169 Prior to Seizure

The Kerala High Court in a ruling carried that GST notices sent through WhatsApp are said to be an invalid service mode u/s 169 of the CGST Act, even if used in the COVID-19 period. A writ petition has been filed by Mathai M.V., a truck owner, contesting the detention and confiscation of his vehicle […]

Kerala HC's Order in the Case of Nikhil Ayyappan vs State of Kerala

Kerala HC: Confiscated Goods Under GST Can Be Returned if Not Auctioned

The Confiscated goods u/s 130 GST Act can be released in the pendency of an appeal if not yet auctioned, Kerala High Court cited. The case was being addressed by Justice Ziyad Rahman A.A., where the grievance of the applicant is against the confiscation order passed by the Enforcement Officer/2nd respondent, under Section 130 of […]

Kerala HC's Order In The Case of Falcon Synergy Engineering Pvt. Ltd. V/S Assistant State Tax Officer & Others

Kerala HC: Hearing Opportunity Was Given; Not Availing It Doesn’t Invalidate GST Order

The Kerala High Court dismissed the petition against the Central Goods and Services Tax (CGST) order, stating that the inability to utilise an allotted opportunity is not equivalent to the denial of an opportunity to be heard. The applicant, Falcon Synergy Engineering Private Limited, has contested the order issued on 08.08.2024 under section 73(9) of […]

Kerala HC's Order In the Case of C.Y Cherian V/S State of Kerala

Kerala HC: Full Payment of Building Tax Mandatory Unless Amnesty Applies

According to the Kerala High Court, once the tax is calculated, the full amount must be paid until an amnesty scheme is implemented. The bench of Justice Bechu Kurian Thomas mentioned that “the assessee had even acquiesced in the order by paying the first installment, and thereafter he has turned around and now requests acceptance of a […]

Kerala HC's Order in The Case of M/s. Annoor Dental College Perumattom vs. State of Kerala

Kerala HC: College Canteen Run by Trust Liable for Registration under KVAT Act, 2003

The Kerala High Court ruled that a college providing food through its canteen, despite being managed by an educational trust, must register under the KVAT Act. From the taxpayer, the bench does not agree that even if it is presumed that the sales in the canteen are discoverable to be assessable under the provisions of the […]

Kerala HC's Order in The Case of Amrita Institute of Medical Sciences and Research Centre vs. Income Tax Officer (TDS) Kochi (2)

Kerala HC Directs IT Dept to Decide Amrita Institute’s TDS Appeal Within 3 Months

The Kerala High Court ruled in favour of the Amrita Institute of Medical Science and Research, directing the income tax department to resolve the appeal within three months. The case was associated with a non-disposal of appeal on the applicability of the Tax Deducted at Source (TDS) deduction to doctors engaged by the hospital. The applicant, […]

Kerala HC's Order in The Case of M/s Tabasco Hindustan Infra Developers Private Limited vs. The Assistant Commissioner of Central Tax and Central

Kerala HC Upholds GST Penalty U/S 74, Cites Delay and No Jurisdictional Error

The High Court of Kerala has rejected a legal request that questioned a penalty under section 74 of the CGST Act, 2017. This penalty was given under a specific section of the laws governing GST. The court observed that the reasons provided by the petitioner, such as delays and issues with authority, were not valid […]

Kerala HC's Order in The Case of M/s. Annoor Dental College Perumattom vs. State of Kerala

Kerala HC Directs Adjudicating Authority to Respond to Taxpayer’s Reply U/S 74 of GST Act

The petitioner in the case of Maya Pradeep Kumar vs. Audit Officer approached the Kerala High Court challenging a show cause notice (Ext.P4) issued under Section 74 of the CGST/SGST Acts. The applicant claimed that they answered all audit queries in the process of the audit, the final audit report (Ext.P3) overlooked these submissions directing to the […]

Kerala HC's Order In Case of Sreedhanya Construction Company Vs State of Kerala

Kerala HC: Contractor Not Permitted to Claim Additional GST If Rates Are Inclusive

The Kerala High Court ruled that when contract rates are fixed, including GST and other applicable taxes, the contractor cannot claim GST in addition to the fixed rates. Consequently, the writ petition was dismissed. The applicant is a partnership firm involved in undertaking contracts for the construction of roads and bridges and is cited to […]

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