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Karnataka High Court

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 […]

HC directs GST Dept. to pay 6% interest for wrong encashment of bank guarantee

February 11, 2023 1593 Views 0 comment Print

The material on record discloses that undisputedly, the respondents encashed the bank guarantees of the petitioner on 23.09.2019 and the same was retained and was lying with them from that date onwards up to 05.01.2022 when the said sum of Rs.4,73,26,512/- was refunded back to the petitioner.

Assessee permitted to make changes in Form GSTR-3B for July, 2017 & March, 2018

January 23, 2023 7251 Views 0 comment Print

HC permitted assessee to make necessary changes to its Form GSTR 3B returns for July, 2017 and March, 2018 and held that, allowing the assessee to make such changes, would not cause any prejudice to Revenue Department nor would it upset the chain of credit under GST

Borrower cannot escape from prosecution & criminal liability for dishonour of cheque

January 21, 2023 3597 Views 0 comment Print

Respondent, by way of rebuttal evidence has failed to probablize its defence to disprove statutory presumption available in favour of Appellant. Such failure has proved charge leveled against Respondent for offence under Section 138 of NI Act.

Bill of Lading is only one of the ways to transfer title of Goods and not the only way

January 16, 2023 870 Views 0 comment Print

Bill of Lading is only one of the ways to transfer the title and not the only way. It can be done either by handing over the Bill of Lading itself to the customers before the goods pass the customs barrier of India.

Karnataka RERA has no Authority Over Projects Granted ‘Partial’ Occupancy Certificate Prior to Enforcement of RERA

January 12, 2023 3900 Views 0 comment Print

Provident Housing Limited Vs Karnataka Real Estate Regulatory Authority (Karnataka High Court) Brief Facts of the Case: The petitioner is engaged in the business of real estate development. On receiving respondent’s request to allot an apartment in the project, the petitioner entered into an agreement for sale and Construction with Respondent on 10/09/14. The proposed […]

HC allows rectification of GSTR-1 to correct Bonafide mistakes in furnishing of correct details of outward supplies 

January 12, 2023 14499 Views 0 comment Print

HC allows Rectification of GSTR-1 Returns for Bonafide mistakes in furnishing of correct details of outward supplies for the assessment years 2017-18, 2018-19 and 2019-20 in terms of Recent Circular No. 183/15/2022-GST

Writ petition not maintainable as alternative efficacious remedy by way of appeal before Appellate Authority was available

January 4, 2023 624 Views 0 comment Print

Mundkar Madhavaraya Prabhu Vs State of Karnataka (Karnataka High Court) Though several contentions have been urged by both sides in support of their respective claims, having regard to the availability of equally efficacious and alternative remedy by way of appeal before the First Appellate Authority, without expressing any opinion on the merits / demerits of […]

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