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Karnataka High Court

GST: HC Set Aside Order of Provisional Attachment of Bank A/c & Directs to De-freeze

July 27, 2020 2076 Views 0 comment Print

The HC held that the impugned provisional attachment of the Petitioner’s bank account was in vogue till 27.05.2020. The communication/order dated 28.05.2019 ceased to operate with the effect from 27.05.2020. Respondent Nos.1 and 2 were directed to de- freeze the Petitioners’ bank account.

RBI Responsible for Monitoring Compliance of Loan Moratorium Circular: HC

July 8, 2020 2490 Views 0 comment Print

The contentions of the RBI that the dispute is between the Petitioner and Respondents is not acceptable since the dispute arises out of the implementation or not of a Circular issued by the RBI. RBI is therefore directed to monitor the implementation of the Circular, including verification of whether there are Board-approved policies formulated by each of the lenders

Amendment in Section 40(a)(ia) vide Finance Act, 2010 are retrospective

June 29, 2020 969 Views 0 comment Print

A.Y. Garment International Private Ltd. Vs DCIT (Karnatka High Court) Whether the Tribunal was justified in law in holding that the amendment made by Finance Act, 2010 in the provisions of Section 40(a)(ia) of the Income-tax Act, 1961 is not retrospective in operation on the facts and circumstances of the case? The issue whether the […]

Transfer of land held as stock on HUF partition not amounts to conversion into Capital Asset

June 25, 2020 1818 Views 0 comment Print

The issue under consideration is whether land held as stock, transferred upon HUF – partition, tantamount to conversion into capital asset for the purpose of imposing a capital gain tax?

HC allows Petitioner to file application seeking revocation of cancellation of GST registration

June 24, 2020 807 Views 0 comment Print

M. S. Retail Private Limited Vs Union of India (Karnataka High Court) Petitioner has presented this writ petition with a prayer inter alia to quash the order of ‘cancellation of registration’ dated 06.06.2020 passed by Assistant Commissioner of Commercial Taxes, Bangaluru. Learned AGA submitted that under Section 30 of the Central Goods and Services Act, […]

Mere provision for bad debt not entitled to deduction U/s. 36(1)(vii)

June 19, 2020 3393 Views 0 comment Print

Hajee A. P. Bava & Company Vs ACIT (Karnataka High Court) After 01.04.1989 it is not necessary for the assessee to establish the fact that the debt in fact had become irrecoverable and it is sufficient if the bad debt is written off as irrecoverable in the books of accounts of the assessee. In the […]

GST: HC cannot be made middle authority between Tax & Appellate Authority

June 18, 2020 1548 Views 0 comment Print

L&T Hydrocarbon Engineering Limited Vs State of Karnataka (Karnataka High Court) Learned Additional Government Advocate Sri.Vikram Huilgol for respondent No.2 submits that the appeal under Section 107 of Central Goods and Services Tax Act, 2017 are to be filed before the appellate authority. As such the petitioner cannot be so hurry and invoke writ remedy […]

Multiple independent residential units in same building can be treated as one residential unit for section 54F Exemption

June 18, 2020 6129 Views 4 comments Print

Multiple independent residential units in same building can be treated as one residential unit for section 54F Exemption and usage of the property has to be considered in determining whether it is a residential property or a commercial property 

ATM is considered as Computer hence Higher Depreciation rate allowed

June 16, 2020 2898 Views 0 comment Print

High Court states that so long as functions of the computers are performed with other functions and other functions are dependant on the functions of the computer, ATMs are to be treated as computers and are entitled to higher rate of depreciation.

Rate of depreciation in case of ATM machines

June 16, 2020 4341 Views 0 comment Print

CIT Vs NCR Corporation Pvt Ltd (Karnataka High Court) Whether the tribunal is correct on facts and in law in holding that ATMs and encoders are computers eligible for 60% depreciation even when they do not provide processing activity and do not contain all features of computers and such cannot be called as computers? It […]

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