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Karnataka High Court

Insurance Company Not Liable to Pay Compensation if Heavy Goods Vehicle is Driven by Person Holding LMV License

March 17, 2022 3165 Views 0 comment Print

Mahantesh Vs Smt. Netharavati (Karnataka High Court) The undisputed facts of the case are that in the road traffic accident that had occurred on 23.11.2014, wherein the offending tipper lorry bearing registration No.KA-27/A-8377 was involved, the minor daughter of the claimants baby Kalpana, aged about 2 years had died. It is not in dispute that […]

Wearing of hijab is not Essential Religious Practice in Islam: HC

March 16, 2022 6675 Views 0 comment Print

Hon’ble Karnataka High Court held that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith.

Swiggy Case: GST recovered at the time of search/inspection not Voluntary

March 14, 2022 3417 Views 0 comment Print

Union of India Vs  Bundl Technologies Private Limited (Karnataka High Court) In this case The Officers of the Department entered the premises of the Company on 28.11.2019 at 10.30 a.m. During the course of the investigation from 28.11.2019 till 30.11.2019, DGGI Officers issued spot summons to the Directors and employees of the Company and their […]

Transfer of Assets under JDA: HC upheld guidance value of land as mode for determination of full value of consideration

March 13, 2022 1890 Views 0 comment Print

PCIT Vs Smt. Sarojini M. Kushe (Karnataka High Court) In the present case, Assessing Officer has adopted the rate of Rs. 1600/- per square feet merely based on the letter given by the developer which is not supported with any particulars. It cannot be ruled out the possibility of the developer giving an inflated figure […]

Karnataka Sales Tax: Commissioner, BBMP not empowered to attach property

March 12, 2022 1122 Views 0 comment Print

Prashanthi Affiliates Vs Deputy Commissioner of Commercial Taxes (Karnataka High Court) The main contention of the learned counsel appearing for the petitioner before this Court is that the learned Special JMFC (Sales Tax) Court ought not to have issued the order of attachment of property through BBMP Commissioner. The learned counsel for the petitioner brought […]

Overseas Indian Citizens can Seek Divorce before Indian Courts against OCI Partner

March 8, 2022 3018 Views 0 comment Print

As a necessary corollary of the above, in matrimonial causes the precept of ‘spousal–equality’ as a necessary facet of gender–equality enshrined u/a 14 of the Constitution must be given due recognition i.e., ‘truly fair equality of opportunity’ for both persons in the marriage in terms of opting into marriage & opting out, i.e., dissolution of marriage.

Section 14A disallowance cannot be added to net profit for computing book profits U/s. 115JB

March 8, 2022 1746 Views 0 comment Print

Karnataka State Industrial And Infrastructure Development Corporation Ltd. Vs DCIT (Karnataka High Court) This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been preferred by the assessee. The subject matter of the appeal pertains to the Assessment Year 2008-09. The appeal was admitted by […]

AO not supposed to take advantage of assessee’s ignorance to collect tax more than legitimate tax

March 6, 2022 4263 Views 0 comment Print

Devendra Pai Vs ACIT (Karnataka High Court) The fact that the assessment order observes regarding exemption under Section 10(10C) of the Act, which indicates that the Assessing Officer was aware of non-claiming of the exemption. If the judgment of the Apex Court in the case of L. HIRDAY (Supra) and the decision of the Madras […]

Award of tender cannot be upset by Govt on baseless allegations of a loosing bidder

March 5, 2022 909 Views 0 comment Print

SAPL-Gcc Jv Vs Government of India (Karnataka High Court) There is no justification for the Central Govt. to constitute a Committee to enquire into alleged irregularities in the tender process on the baseless allegations of a loosing bidder whose offer after scrutiny was found to be substantively defective inter alia on the grounds that: the consortium […]

Commercial Tax office hubs of corruption- HC upheld Corruption charges against Officer 

March 4, 2022 1833 Views 0 comment Print

It is the common experience that Commercial Tax office, is considered to be one of the the hubs of corruption. Poor and gullible drivers would fell prey for the illegal demands day in and day out. Only when the greed is too high, some cases reach the higher ups or the Lokayuktha.

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