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Karnataka High Court

TPA to Deduct section 194J TDS on Payments to Hospitals

October 12, 2020 5637 Views 0 comment Print

The issue under consideration is whether a TPA, was required to deduct tax at source on payments made to hospitals under Section 194J of the Act?

HC: Interest payable on delayed Income Tax Refund Interest

October 7, 2020 4821 Views 1 comment Print

CIT Vs Syndicate Bank (Karnataka High Court) Conclusion: When an order of refund was issued, the same should include interest payable on the amount, which was refunded. If the refund did not include interest due payable on the amount refunded, the revenue would be liable to pay interest on the short fall. This did not […]

HC: Capital gain on conversion of FCCBs into shares would be determined by adopting conversion price prevailing at BSE or NSE on date of conversion

October 6, 2020 2526 Views 0 comment Print

Director Of Income-Tax International Taxation Vs Intel Capital (Cayman) Corporation (Karnataka High Court) HC: Capital gain on conversion of FCCBs into shares would be determined by adopting conversion price prevailing at BSE or NSE on date of conversion Conclusion: AO was not justified in computing capital gains by adopting the cost of acquisition at Rs. 873.83 […]

Depreciation on intangible assets transferred by Firm allowable to Company

October 5, 2020 1740 Views 0 comment Print

Section 32(1) of the Act provides for depreciation in respect of trademarks owned wholly or partly by the assessee. In the instant case, the assessee succeeded to the business of the partnership firm, which had trademarks registered in its name. Therefore, the assessee under Section 32(1) of the Act was entitled for depreciation.

Section 263 Revision Not Sustainable for mere Inadequacy of Enquiry /Insufficiency of Material on Record

October 5, 2020 1245 Views 0 comment Print

The issue under consideration is whether mere inadequacy of an enquiry or insufficiency of material on record can be a ground to invoke revisional powers u/s 263 of the Income Tax Act, 1961?

Expense on Upgrade & Development of Product is Capital Expense

September 18, 2020 2643 Views 0 comment Print

The issue under consideration is whether the expenditure incurred towards upgraded and development of a product was to be considered as capital expenditure or revenue expenditure?

Modification due to Notification has Effect of Deleting Old Rule & Making New Rule Operative

September 15, 2020 795 Views 0 comment Print

whether the Tribunal was correct in holding that the assessee is liable to be taxed at 10% in view of replacement of 15% with 10% of tax in Article 12 of the DTAA without taking into consideration that the modification of rate of tax by way of notification?

Filing of Appeal with GST Tribunal if not constituted- HC Direction

September 15, 2020 4818 Views 0 comment Print

In the instant case, the petitioner filed a writ petition seeking to quash show cause notice issued by the respondents. The petitioner to reply to the said show cause notice within two weeks. Thereafter, the Adjudicating Authority shall consider the objection filed and pass orders in accordance with law.

Mere inspection of quality of fabric not amounts to fees for technical services

September 10, 2020 1287 Views 0 comment Print

DIT Vs Jeans Knit Pvt. Ltd. (Karnataka High Court) From the agreement executed by the assessee with the non-resident company, it is evident that the non-resident company is required to inspect the quality of fabric and other accessories in accordance with the sample approved by the assessee and coordinate with the suppliers to ship the […]

Revocation of Cancellation of GST Registration – HC found argument of erroneous exercise of jurisdiction untenable

September 7, 2020 6723 Views 0 comment Print

M.S. Retail Private Limited Vs Union Of India (Karnataka High Court) It is not in dispute that the show cause notices, the order of cancellation and the order rejecting the application for revocation of cancellation are passed by proper officer. The show cause notice dated 18.03.2020 and the order of cancellation of registration dated 06.06.2020 […]

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