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Karnataka High Court

Bad debts for unrecoverable unforeseen Additional costs allowable

December 14, 2020 567 Views 0 comment Print

Big Bags International (P) Ltd. Vs DCIT (Karnataka High Court) The assessee had exported bags to foreign customers in the past and had incurred unforeseen additional costs on certain imported raw material. In order to recover the additional costs incurred, the assessee had raised debit notes on the foreign customers and credited the amount due […]

Person not charged of a predicate offence also come within the sweep of PML Act

December 11, 2020 5433 Views 0 comment Print

Dyani Antony Paul Vs Union Of India (Karnataka High Court) The main object of PML Act is to ascertain the proceeds of crime which involved in money laundering and attachment, confirmation and confiscation of the proceeds of crime in the form of properties and also to punish the offenders of money laundering. The date of […]

AO not recorded satisfaction- Section 14A disallowance invalid

December 9, 2020 1005 Views 0 comment Print

Where AO did not record any satisfaction with regard to genuineness of the claim of the assessee before invoking the powers under section 14A read with rule 8D, disallowance was invalid because recording of satisfaction by AO is sine qua non for invocation of power under section 14A read with rule 8D

Rule 86A Department cannot block ITC for more than one year

November 27, 2020 2547 Views 0 comment Print

HC has quashed a notice and blocking of input tax credit under rule 86A whereby the credit was blocked for more than one year. Rule 86A does not empower the department to block the credit for more than one year and they are bound to unblock it even if the assessment has not taken place or got completed within one year.

Validity of Unloading of goods after expiry of E-way bill which reached destination before expiry of E-way Bill

November 20, 2020 4038 Views 0 comment Print

The dispute in the present case lies within a narrow compass. It is undisputed that the petitioner ensured transportation of the vehicles under appropriate e-way bills that were valid from 31.12.2018 at 10.37 pm to 1.1.2019. The petitioner contends that the conveyance carrying the vehicles reached the place of destination on 1.1.2019 before the expiry of the validity of the e-way bills but the vehicles could not be unloaded on the same day and were being unloaded on 2.1.2019.

Royalty paid for Licence to Manufacturing/Sale & Technical Know-How having enduring benefit is Capital Expense

November 20, 2020 2910 Views 0 comment Print

Telco Construction Co. Ltd. Vs ACIT (Karnataka High Court)  Thus, from perusal of the relevant clauses of the agreement, it is clear that the assessee is a joint venture company and under the agreement has been granted non transferable licence to manufacture / assemble the Hitachi licence products within the territory using technical know-how furnished […]

Interest accrued on NPA not taxable in computation of Taxable Income of Bank

November 13, 2020 3825 Views 0 comment Print

The issue under consideration is whether Tribunal is right in deleting the interest accrued on non performing assets from the computation of taxable income for the assessment year under consideration despite the assessee maintaining mercantile system of accounting?

Vijaya Bank can claim Section 36(1)(viii) deduction as Financial Corporation

November 6, 2020 3369 Views 0 comment Print

CIT Vs Vijaya Bank (Karnataka High Court) Learned counsel for the revenue submitted that prior to amendment with effect from 01.04.2008, benefit of Section 36(1)(viii) of the Act was not available to a Banking Company and therefore, the assessee is not entitled to claim deduction under Section 36(1)(viii) of the Act. It is further submitted […]

Addition for Cash seized during search allegedly belonging to other persons valid if Assessee not furnishes any explanation/Evidence

November 6, 2020 2016 Views 0 comment Print

Where assessee did not produce any material, despite opportunity being afforded to show that the amount seized during the search, did not belong to it but belonged to some other person as claimed by it; the addition made in the hands of the assessee on account of cash seized during the search would be sustainable.

Transitional Credit Issue- HC instructs petitioner to file representation

November 2, 2020 612 Views 0 comment Print

Urbanize Developers India Private Limited Vs Assistant Commissioner of Commercial Taxes (Karnataka High Court) 1. The petitioner, a private limited company which is registered with GST Authorities with the State of Karnataka, has filed this writ petition for a direction to the Assistant Commissioner of Commercial Taxes, GSTLVO-60 [the respondent] to consider the petitioner’s representations […]

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