Karnataka High Court

Reassessment cannot be made to disallow deduction allowed in Original Assessment

M/s. Kotarki Constructions Pvt. Ltd. Vs. Asst. CIT (Karnataka High Court)

The powers of reassessment u/S.147/148 of the Act have to be invoked with great amount of circumspection and the relevant material on record, on the basis of which, a “reasonable opinion” can be framed in contrast with a mere change of opinion for initiating the reassessment proceedings....

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Wife liable to reply Notice issued U/s. 133(6) to deceased Husband

Mrs. S. Savithri Vs. The Income Tax Officer (Karnataka High Court)

Mrs. S. Savithri Vs. ITO (Karnataka High Court) The Noticee even if deceased, the Legal Representatives or the persons who inherit the estate of the deceased persons will have to comply with the said Notice for furnishing the requisite information. The very purpose of the provisions of Section 133 (6) of the Act is to […]...

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Interest on donation with specific direction to form part of corpus of trust will be exempt U/s. 11 d with specific direction o form part of corpus of trust will be exempt U/s. 11

CIT Vs Mata Amrithanandamayi Math (Karala High Court)

CIT Vs Mata Amrithanandamayi Math (Karala High Court) A reading of section 11 shows that subject to the provisions of sections 62 and 63, the incomes enumerated therein shall not be included in the total income of the previous year of the person in receipt of the income. The person in receipt of the income, […]...

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Medical college collection Huge Capitation Fee as Anonymous Donations – HC disallows Tax exemption

M/s Navodaya Education Trust Vs Sri. Sunki Rajender Reddy (Karnataka High Court)

M/s Navodaya Education Trust Vs Sri. Sunki Rajender Reddy (Karnataka High Court) The petitioner – Trust in question having the cloak of an Educational Trust, to enjoy the exemption from Income Tax obtained the approval under Section 10(23-C) of the Act, was thoroughly misused and abused by the Trustees who appear to be Members of [&...

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Govt depts should avoid unnecessary litigation in Constitutional Courts just for the sake of proving their fictional desires: HC

ACIT Vs. Epson India Pvt. Ltd. (Karnataka High Court)

Revenue authorities and other Government Departments should not avail constitutional remedies for not good reasons, waste the public money and time of constitutional court for frivolous writ petitions...

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Sec. 54 Utilization of capital gains in purchase of residential house sufficient to claim

CIT & Anr. Vs. Shkuntla Devi (Karnataka High Court)

Utilization of capital gains in construction /Purchase of residential house would suffice to claim the benefit of section 54 of the Act irrespective of the fact that transaction not being complete in all respects. ...

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GST rate applicable on scrap buses put to auction; HC dismisses petition

M/s. M.J.S. Enterprises & Ors vs. The Controller of Stores & Purchase & Ors. (Karnataka High Court)

M/s. M.J.S. Enterprises & Ors vs. The Controller of Stores & Purchase & Ors. (Karnataka High Court) HC held that it would be premature for the Court to decide such academic questions at this stage, when the very foundation of such a dispute itself is not even available for the Court to decide. It is […]...

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No Interim Relief to Google: HC directs ITAT for expeditious disposal of appeal

Google India Private Limited Vs. DICT (Karnataka High Court)

In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with t...

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HC on allowability of deduction U/s. 10A / 10B on Interest Income

CIT Vs. Hewlett Packard Global Soft Ltd (Karnataka High Court)

CIT Vs. Hewlett Packard Global Soft Ltd (Karnataka High Court) (Full Bench) HC held that assessee was entitled to 100% exemption or deduction under Section 10-A of the Act in respect of the interest income earned by it on the deposits made by it with the Banks in the ordinary course of its business and […]...

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Exemption U/s. 10A / 10B can be claimed on incidental income from export of goods

CIT Vs. Hewlett Packard Global Soft Ltd (Karnataka High Court)

Profits of the business of the Undertaking for the purposes of Section 10-A/ 10-B includes the Profits and Gains from export of the articles as well as all other incidental incomes...

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