In a landmark ruling, the Kerala High Court has clarified that any compensation or enhanced compensation received by an assessee for the compulsory acquisition of landed property will be treated as income under the head ‘Capital Gains’ under the Income …
The High Court referred to the Supreme Court’s ruling in Board of Control of Cricket in India v. Regional Director, Employees State Insurance Corp. (2022), which established that an establishment qualifies for ESI registration only if it systematically engages in …
The Bench reiterated that the issue of proper notice is a factual matter requiring examination of evidence, which is beyond the scope of a writ petition under Article 226. The Kerala High Court has ruled that the question of ‘whether …
As per the court’s verdict, the initial seizure of cash by the GST department was unauthorized and illegal. The continued retention of the cash by the GST department and its handover to the Income Tax Department did not legitimize the …
The decision of Kerala High Court is in line with the broader principle that procedural errors without revenue loss should not attract punitive action. The Kerala High Court, in the case of Maruthengal Moideen & Ors. v. State Tax Officer …
The Bench held that the PCIT’s interpretation was reasonable within the statutory framework. They emphasized that the respondent’s attempt to condone a three-month delay of Income Tax Return filing in 2012 by approaching the PCIT eight years later could not …
The court emphasized that grants provided to cover day-to-day operational expenses, such as salaries and allowances, are not taxable under GST as they do not constitute consideration for goods or services supplied. The Kerala High Court in case of Kerala …
The Court questioned how, during assessment proceedings for 2011-12, the authorities could examine the business nature and extent of the assessee’s activities dating back to 1999-2000. In a significant judgment in Kings Infra Ventures Ltd vs. ACIT (ITA No. 28/2023), …
Kerala High Court: As the appeal has already been heard and final orders are pending, all additional proceedings shall be kept in suspension until the appeal’s final orders are passed. In a recent development in WP(C) NO. 10163 OF 2024 …
The petition filed by Bar Council of Kerala highlighted that CBIC had issued two show cause notices. The Bar Council of Kerala (BCK) has taken its case against Goods and Service Tax (GST) notices to the Kerala High Court, challenging …
Circular of MoF in 2014 Allows ad hoc Exemption of GST on Imported Goods, to be evaluated on a case-by-case basis, specifically for GST payable on imported medicines aimed at treating individuals grappling with life-threatening illnesses In a recent development, …
The Orders were annulled by Court and Cases were Remitted Back to 2nd Respondent for a Fresh Decision In a recent legal development, the Kerala High Court, in the case of V G Suresh vs CIT [W.P(C)No.41507/203], has nullified an …
In a recent ruling dated September 12, 2023, the Kerala High Court ordered that the denial of ITC to a buyer solely based on missing entries in GSTR-2A of seller is not justifiable. The court emphasized that the GSTR-2A form …
GSTR 2A and GSTR 3B Discrepancy Not Grounds for ITC Denial In a significant ruling, the Hon’ble High Court of Kerala, in the case of M/s. Henna Medicals vs. State Tax Office, Thalassery & Ors., held on 19th September 2023 …