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Karnataka High Court

Recovery made without any order quantifying amount of tax payable is without authority of law

April 3, 2023 1419 Views 0 comment Print

Suretex Prophylactics (India) Private Limited Vs Union of India (Karnataka High Court) Karnataka High Court held that as on the date of recovery, there was no order/ adjudication made by the department quantifying the amount of tax/ duty payable by the petitioner. Accordingly, recovery of such amount is without authority of law and liable to […]

Karnataka HC quashes Rule 89(4)(c) of CGST Rules, 2017

March 30, 2023 35718 Views 1 comment Print

HC held that impugned amendment to Rule 89(4) (C) of the CGST Rules, as amended vide Para 8 of Notification 16/2020-CT dated 23.03.2020 is illegal, arbitrary, unreasonable, irrational, unfair, unjust and ultra vires Section 16 of the IGST Act and Section 54 of the CGST

Karnataka VAT: Charger sold with mobile phone in one set taxable at 5%

March 16, 2023 2658 Views 0 comment Print

Karnataka High Court held the charger which is sold along with the mobile phone in one set and accordingly taxable at 5% as covered under entry 53 of Schedule III of KVAT Act.

No GST on issuance of Prepaid Payment Instrument vouchers

March 10, 2023 7977 Views 0 comment Print

Held that, the issuance of vouchers is similar to pre-deposit instruments, which have no inherent value of their own and therefore, it does not fall under the category of supply of goods or services. Hence, vouchers being neither goods nor services, are exempted from the levy of tax.

Amendment to FTP can be done only by Central Government & not by DGFT

March 2, 2023 2193 Views 0 comment Print

Karnataka High Court held that amendment to Foreign Trade Policy (FTP) can be done only by the Central Government and not by DGFT. Whereas, amendment to the procedure can be done by DGFT.

No TDS liability on income received on non-technical services outsourced to foreign company

February 17, 2023 1479 Views 0 comment Print

HC held that, pay roll related services outsourced to foreign company would be treated as business income earned by foreign company and not a technical service therefore, would not be liable for TDS

Goods reached at destination in-time but goods unloaded after expiry of E-Way Bill

February 15, 2023 4206 Views 0 comment Print

State of Karnataka Vs Hemanth Motors (Karnataka High Court) Learned AGA appearing for the appellant has vehemently argued and contended that unloading was not done until 5.00 p.m. on the next day and therefore, the goods cannot be transported without seeking extension of validity period of E-way bill. The learned AGA would further contend that […]

Offence u/s 409 of IPC unsustainable as company not a willful defaulter

February 13, 2023 7248 Views 0 comment Print

Karnataka High Court held that in absence of any willful default on the part of the company, authorized signatory (vice-president) cannot be hauled into the web of crime for an offence under section 409 of the IPC.

Writ against State or its instrumentality arising out of contractual obligation is maintainable

February 13, 2023 3642 Views 0 comment Print

Karnataka High Court held that cancellation of contract by State just before delivery of final product is violation of contract and accordingly writ petition under Article 226 of the Constitution of India against a State or its instrumentality for the same is maintainable.

Different treatment in books of accounts cannot deprive claiming of entire expenditure

February 13, 2023 2913 Views 0 comment Print

PCIT Vs Sriram Chita Pvt Ltd (Karnataka High Court) Karnataka High Court held that bid loss claimed by the assessee cannot be disallowed merely because a different treatment was given in the books of accounts. Entries in the books of accounts are not determinative or conclusive and the matter is to be examined on the […]

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