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Karnataka High Court

Contribution towards share capital from each partner in firm is not mandatory

December 30, 2022 5685 Views 0 comment Print

Karnataka High Court held that it is not necessary for each partner to contribute towards share capital for becoming partner in the partnership firm.

Bharath Series (BH-Series) registration benefit available to private individuals as well

December 30, 2022 3219 Views 0 comment Print

Karnataka High Court held that the benefits of implementing Bharath Series (BH-Series) registration is available to private individuals also. The State of Karnataka cannot deviate from the notification dated 26.08.2021 issued by Ministry of Road Transport and Highways, Government of India

HC set-aside GST Assessment & Refund order passed without considering CBIC circular

December 30, 2022 291 Views 0 comment Print

Infor (India) Private Limited Vs Union of India (Karnataka High Court) Petitioner submits that during the pendency of the present writ petition, respondents have issued a Circular bearing No.159/15/2021 -GST dated 20.09.2021 clarifying and explaining the scope of Intermediary services. It is the contention of the learned counsel for the petitioner that the said explanation […]

Provisional attachment order passed without valid reasoning is untenable

December 29, 2022 1524 Views 0 comment Print

Karnataka High Court held the provisional attachment order unjustifiable as the same was passed simply stating that there is likely addition of the amount without mentioning of any valid and cogent reasons.

Failure to discharge statutory duty/obligation by refund sanctioning authority would be entitled to interest

December 28, 2022 699 Views 0 comment Print

HC set aside the order passed by the Deputy Commissioner denying the interest to the assessee for delayed refund and granted relief under Section 11BB of the Central Excise Act, 1944 (CE Act) to pay the interest at the rate of 6% per annum for committing delay in issuing service tax refund order.

Burden lies on insurance company to prove that licence of driver was fake

December 28, 2022 1128 Views 0 comment Print

The burden lies on the Insurance Company to prove the same except relying upon the endorsement, nothing is placed on record and also the author of the document has not been examined.

HC set-aside order passed without considering petitioner’s request for grant of additional time

December 20, 2022 1368 Views 0 comment Print

ABB Global Industries Vs Union of India (Karnataka High Court) Karnataka High court In case of ABB Global Industries and services Pvt Ltd, Quashed the order passed by the PO on reason of natural justice , as petitioner requested additional time for hearing , PO rejected and passed the order FULL TEXT OF THE JUDGMENT/ORDER OF […]

Directors cannot be prosecuted for cheques issued after they ceased to be Directors of Company

December 12, 2022 474 Views 0 comment Print

Sunita W/O Bharatkumar Aitawade Vs Vidya W/O Sagar Aitawade (Karnataka High Court) The cheque in question was issued on 01.08.2019. The petitioners, who were the Directors of the Company, ceased to be the Directors of the Company with effect from 22.03.2017 which is evident from the Form No.DIR-12 issued by Registrar of the Companies and the same […]

Banks cannot Initiate recovery For Non-Payment of EMI Due to Default of Builder/Developer  

December 9, 2022 16323 Views 0 comment Print

Mudit Saxena Vs Union of India (Karnataka High Court) Banks Can Not Initiate Recovery of Loan From Homebuyers For Non-Payment of EMI Due to Default on the part of the Builder/Developer (Karnataka High Court): RERA In a significant order, Karnataka High Court prohibits Punjab National Bank Housing Finance Limited (PNBHFL) from using coercive means to […]

GST registration restored on sufficient cause shown for non-payment of GST

December 7, 2022 795 Views 0 comment Print

Karnataka High Court directed restoration of GST registration as non-payment of GST and non-filing of GST return, on account of bonafide reasons, unavoidable circumstances and sufficient cause du;u accepted

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