https://www.taxtmi.com/caselaws?id=761620 A transfer of the first floor of a residential building to the assessee's spouse did not reduce the assessable area for luxury tax under section 5A of the Kerala Building Tax Act, 1975, because the building had already exceeded the statutory limit and continued to be effectively enjoyed as a whole by the assessee. The Court treated the arrangement as a colourable device to evade tax, not legitimate tax planning, and held that such a transfer cannot defeat luxury tax liability. The claim to avoid tax on that basis was rejected. en-us Wed, 16 Oct 2024 00:00:00 +0530 Thu, 14 Nov 2024 08:26:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761620 A transfer of the first floor of a residential building to the assessee's spouse did not reduce the assessable area for luxury tax under section 5A of the Kerala Building Tax Act, 1975, because the building had already exceeded the statutory limit and continued to be effectively enjoyed as a whole by the assessee. The Court treated the arrangement as a colourable device to evade tax, not legitimate tax planning, and held that such a transfer cannot defeat luxury tax liability. The claim to avoid tax on that basis was rejected. Case-Laws VAT / Sales Tax Wed, 16 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761620