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Karnataka High Court

Cash expense disallowable U/s. 40A(3) if no sufficient cause

September 7, 2020 2079 Views 0 comment Print

Assessee couldn’t demonstrate with cogent evidences that there was business expediency or sufficient cause for such cash payment. Assessee failed to prove that the case was covered in the exception clause as provided under section 40A(3) read with Rule 6DD.

Disallowing of Interest without Considering T&C of Agreement is unjustified

August 31, 2020 558 Views 0 comment Print

The issue under consideration is whether Tribunal is correct in the disallowing the claim of interest from the deposits without considering the terms and conditions of the agreement between the parties?

Indexed cost of acquisition can be reduced to compute book profits U/s. 115JB

August 26, 2020 2529 Views 0 comment Print

The issue under consideration is whether the indexed cost of acquisition can be reduced for the purpose of computing book profits under Section 115JB of the Act?

Provision for Warranty Calculated on Scientific Basis as per AS 29 Can’t be Disallowed

August 25, 2020 3090 Views 0 comment Print

The issue under consideration is whether the provision for warranty is allowable as deduction when the assessee has not made provision on a scientific basis?

Foreign currency expense cannot to be excluded for computing export Turnover

August 25, 2020 1050 Views 0 comment Print

Mindtree Ltd Vs. ACIT (Karnataka High Court) Thus, the  Commissioner  of  Income  Tax (Appeals) has recorded a categorical finding that assessee is engaged in the development of computer software, which is exported outside India. The aforesaid finding has not been set aside by the Tribunal. Therefore, in view of Explanation 2(iii) to Section 10B of […]

Perishable Goods in Transit Can’t Seized, if applicable IGST paid with valid E-way Bill & Invoice

August 19, 2020 2634 Views 0 comment Print

whether the department is entitled to seize a consignment of perishable goods in transit more particularly when it is accompanied by a lawful e-way bill, invoice and when it has paid the applicable IGST?

HC directs AO to verify claim of Section 80IB(10) deduction

August 18, 2020 777 Views 0 comment Print

DIT Exemptions Vs India Heritage Foundation Gokulam Complex (Karnataka High Court) It is evident that the Assessing Officer has not made any enquiry with regard to the claim of the assessee for deduction under Section 80IB(10) of the Act. The Director of Income Tax (Exemption) in the order passed under Section 263 of the Act […]

HC Quashed GST Penalty Order due to Contravention of Principles of Natural Justice 

August 12, 2020 1032 Views 0 comment Print

In the instant case, the petition is filed for seeking quashing of the penalty order in Form GST OV 09 under Section 129 (3) of the Central Goods and Services Act, 2017. HC Quashed Penalty Order due to Contravention of Principles of Natural Justice

HC order release of Goods on payment of 100% of tax payable

August 5, 2020 669 Views 0 comment Print

The issue under consideration is whether the order passed for imposing tax and penalty equal to 100% on areca nut for the release of detained goods and conveyances in transit is justified in law?

Section 54F Exemption on Investment in House Property in USA Prior to 01.04.2015 allowable

July 31, 2020 2040 Views 0 comment Print

The issue under consideration is whether the assessee is entitled to claim exemption u/s 54F of the Income Tax Act in respect of investment made in the house property in USA?

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