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].
Karnataka High Court held that customs duty under the exemption Notification No.1/95-CE dated 04.01.1995 on imported items not granted since condition of value addition at the minimum rate of 33% made before the exports not satisfied. In fact, the value addition was only upto 5.18%.
Karnataka High Court held that in terms of auction memorandum, liquidator appointed under the Insolvency and Bankruptcy Code, 2016, was empowered to forfeit the Earnest Money Deposit [EMD] and Interest free Refundable Participation Deposit Money [PDM] deposited for participating in the auction.
The court examined whether the services qualified as intermediary services and found the issue already settled by multiple prior rulings. It quashed the refund rejection and directed sanction of refund with interest.
Karnataka High Court held that clubbing / consolidation / bunching/ combining of multiple tax periods/financial years in a Solitary/Single/Composite Show cause notice issued under Section 73 / 74 of the CGST / KGST Act is illegal, invalid, impermissible and without jurisdiction or authority of law.
Karnataka High Court held that levy of interest u/s. 50 of the Central Goods and Services Tax Act, 2017 on delayed filing of return not justified as cash is deposited to Electronic Cash Ledger on or before the due date and the amount towards tax by way of Electronic Credit Ledger was available in the Electronic Credit Ledger.
