Karnataka High Court held that section 25(4) of the Customs Act is declared as arbitrary and contrary to section 25(1) and (2A) of the Customs Act. Accordingly, the present writ petition stands allowed.
Karnataka High Court provides guidelines for arriving at differential tax amount due to change in tax regime from VAT to GST on works contract executed with various State Government agencies.
The High Court held that criminal prosecution for delayed TDS payment cannot survive where sanction is granted mechanically without examining explanations and mitigating circumstances.
The enquiry proceeded on bribery though the complaint spoke only of excessive fees. The Court held that punishment without a matching charge violates natural justice and must be quashed.
This decision clarifies that affiliation and related functions lack commercial intent and consideration. As a result, GST cannot be imposed on such statutory activities.
Karnataka High Court held that custodial interrogation in the matter of fraudulent availment and passing of fake Input Tax Credit is not warranted by the statue and hence anticipatory bail application allowed with some conditions.
Karnataka High Court held that liquidated damages on account of breach of the contract is not taxable under the provisions of Central Goods and Services Tax Act [CGST Act] in terms of circular no. 178/10/2022 dated 03.08.2022. Accordingly, the petition is allowed.
Karnataka High Court held that marketing support services and technical support services provided to foreign company in Singapore is not an intermediary service and the same amounts to export of services. Accordingly, order quashed.
Karnataka High Court held that inadvertent error in shipping bills, which are permitted to be corrected under section 149 of the Customs Act, cannot be allowed to defeat substantive claim of exports under MEIS. Accordingly, writ disposed of with direction to re-consider the claim.
Karnataka High Court held that the power of revocation of detention orders is specifically vested with the Central Government and not with the detaining authority under Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [COFEPOSA Act].
