High Courts
Rulings of the High Court of Kerala, newest first.
56 rulings found
Kerala High Court
Where petitioner claimed input tax credit for January to March 2019 and filed returns on 31.10.2019, denial of credit due to limitation under Section 16(4) was incorrect since entitlement arose under Section 16(5), returns being filed within permissible cut-off date of 31.11.2021, thus orders declining credit were quashed and authority directed to reconsider eligibility under Section 16(5) alone
Kerala High Court
Where assessment and tax demand for zero rated supply were finalized solely based on Rule 96(10) of CGST Rules, which had been declared ultra vires Section 16 of IGST Act, such assessment and summary lacked legal foundation and could not be sustained, requiring quashing of impugned orders
Kerala High Court
Where taxpayer filed returns belatedly and had sufficient balance in electronic credit ledger, proviso to section 50(1) as inserted by Finance Act, 2021 applies retrospectively to confine interest liability only to portion of tax paid through electronic cash ledger, not on tax discharged by credit ledger, subject to verification of available credit at relevant time
Kerala High Court
Where respondents issued a single composite show cause notice and summary covering multiple financial years, such composite notice was impermissible warranting quashing of consolidated notice and summary, with liberty to issue separate notices for each relevant year and exclusion of limitation period for reinitiation from issuance of composite notice till receipt of judgment copy
Kerala High Court
Where petitioner contractor executed balance work awarded after GST introduction pursuant to earlier pre-GST tender and BoQ excluded taxes, GST incidence arose post-award and lay outside quoted rates, thus reliance on inclusive rate clause was unwarranted and petitioner was entitled to reimbursement of GST actually paid, subject to proof by GST returns
Kerala High Court
Returns for January to March 2020 filed on 25-12-2020 and 29-12-2020 were within cut-off prescribed under retrospective Section 16(5) of CGST Act; hence, petitioner was entitled to ITC notwithstanding expiry of CBIC circular’s rectification window regarding GST demand orders relating to Section 16(4) time-barred ITC
Kerala High Court
Where petitioner filed returns for input tax credit pertaining to specified periods on or before statutory cut-off date of 30.11.2021, disallowance of input tax credit solely on ground of limitation was unsustainable, and entitlement to input tax credit stood preserved subject to other eligibility requirements
Kerala High Court
Where petitioner furnished return for March 2019 on 13.12.2019, within statutory cut-off date of 30.11.2021, entitlement to input tax credit for said period stood preserved and denial based solely on purported delay invoking limitation was unsustainable, requiring reassessment of claim in light of statutory cut-off under Central Goods and Services Tax Act, 2017
Kerala High Court
Where petitioner, a registered taxpayer, filed returns for April 2018 to March 2019 within the extended cut-off dates prescribed under statutory extension by Section 168A of Central Goods and Services Tax Act, 2017, benefit of input tax credit cannot be denied by invoking Section 16(4) limitation, as all returns were within the prescribed extended period
Kerala High Court
Where petitioner received a consolidated show cause notice and consequential orders for multiple financial years for tax or ITC demands not involving fraud, in light of Division Bench rulings prohibiting composite notices for multiple years, such consolidated notice and orders were quashed with liberty to issue separate notices for each relevant year and limitation period adjusted accordingly
Kerala High Court
Where authorities issued a single consolidated show-cause notice and composite order-in-original for multiple financial years regarding tax or ITC not involving fraud, such composite proceedings were invalid, and consolidated notice and order were quashed with liberty to initiate separate proceedings for each financial year
Kerala High Court
Where gold jewelry trader omitted certain stock-transfer transactions in returns for April to June 2017 and sought revision, rejection solely for want of statutory audit was unsustainable as where a request was made even before initiation of assessment or penalty proceeding, such request was to be accepted GST: Where assessee effected inter-state stock transfers of gold jewelry during April to June 2017 and faced GST demand due to alleged absence of proof of goods' re- entry into Kerala, since revision of KVAT returns for that period was permitted, consequential GST demand orders were to be set aside, leaving further proceedings to depend on results of revised returns
Kerala High Court
Where petitioner filed return for March 2020 on 17.11.2020 and challenged denial of input tax credit on ground of limitation, since Section 16(5) allowed entitlement where return was submitted before 30.11.2021, rejection of input tax credit as time-barred under Section 16(4) was unsustainable and reconsideration was warranted if otherwise eligible
Kerala High Court
Where assessee filed online refund application within limitation period and acknowledgment was given, treating later manual filing date as relevant for limitation under Rule 97A was arbitrary, and refund claim had to be considered with reference to acknowledged online application date, thus rejection of refund as time-barred was unsustainable
Kerala High Court
Where exporter of educational consultancy services filed refund applications for CGST and SGST paid under reverse charge, refund applications could not be rejected at scrutiny stage under Rule 90(2) for wrong portal category selection, non- applicable statements, or insistence on e-BRC/FIRC where Remittance Advice established remittance; limitation and document acceptability required merits adjudication, and deficiency memos were unsustainable
Kerala High Court
Where petitioner filed returns for October 2019 to March 2020 before 30.11.2021 and was denied input tax credit solely on ground of breach of Section 16(4), such denial was unsustainable as Section 16(5) permitted entitlement when returns were timely filed, thus petitioner was entitled to input tax credit for those months
Kerala High Court
Where assessees faced tax determination proceedings on the basis of unsigned notices and orders, quashment of those orders barred authorities from curing defects by re-uploading the same orders and required issuance of fresh notices or orders as per law, with earlier directions enabling such re-issuance or barring limitation set aside and liberty to issue new notices/orders expressly retained
Kerala High Court
Where demand under section 74 and confiscation proceedings under section 130 were founded on witness statements and request for cross examination was rejected on irrelevant grounds, denial of effective opportunity vitiated adjudication and matter was liable to be remanded for fresh proceedings
Kerala High Court
Where a registered person amended GST registration to include premises using allegedly fabricated permission letters postdating father’s demise, since alleged fraud related only to amendment and not initial registration, cancelling only the fraudulent amendment while retaining original registration and allowing fresh amendment balanced justice and caused no prejudice to parties
Kerala High Court
Where a dealer received a composite notice and order-in-original for multiple years under CGST/KGST, such composite proceedings were unsustainable as per settled law, so the impugned order, notice, and summary were quashed and authorities allowed to issue fresh year-wise notices, with benefit of Section 16(5) if returns filed by 30.11.2021 and limitation period suitably adjusted. GST: Where petitioner was denied ITC for certain months on limitation grounds though returns were furnished by 30.11.2021 and Section 16(5) benefit was claimed, order and related notices were quashed and respondents were to reconsider eligibility for ITC for each year, granting Section 16(5) benefit if timely filing is verified, excluding specified period for limitation computation