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Karnataka High Court

No TDS on Agreement for Bulk Sale of Advertisement Space

October 17, 2019 2910 Views 0 comment Print

Times VPL Limited Vs CIT (Karnataka High Court) In the instant case, appellant company had enter into an agreement for bulk sale of advertising space with its’ holding company on a principal to principal basis by transfer of rights therein. The appellant under the agreement makes purchase of advertisement space and exercises control over such […]

Unutilized amount in Capital Gain A/c can be withdrawn post Tax deduction

October 9, 2019 3876 Views 1 comment Print

If only a part of the amount deposited in the Capital Gains Account Scheme is utilized for the construction or purchase of a new asset within the specified time, income tax is chargeable on the unutilized amount.

No immunity to companies from prosecution for offences for which punishment prescribed is mandatory imprisonment

September 6, 2019 3036 Views 0 comment Print

 We hold that there is no immunity to the companies from prosecution merely because the prosecution is in respect of offences for which the punishment prescribed is mandatory imprisonment.

HC dismisses writ filed as alternate remedy except to file present writ petition was exist

August 29, 2019 690 Views 0 comment Print

Sri Nayaz Ahmed Vs  State of Karnataka (Karnataka High Court) State counsel to accept notice for respondents. 2. In the instant petition, the petitioner has sought for quashing the Order, dated 4-2-2019 vide Annexure-C, passed under section 83(1) read with section 5(3) of Karnataka Goods and Services Act of 2017 (hereinafter referred to as ‘the Act’). 3. Petitioner has […]

Section 54F Unutilized capital gain taxable as income u/s 45 after 3 Years

August 2, 2019 27045 Views 0 comment Print

Unutilized capital gain amount under Section 54 F[4] had to be charged under Section 45 as income of the previous year, after the expiry of three years from the date of sale of the capital asset as per proviso appended to Section 54F[4] and withdrawal of amount was permitted subject to deduction of tax.

HC allows Deduction Towards Construction of Houses for Needy Persons

July 31, 2019 636 Views 0 comment Print

Kanhaiyalal Dudheria Vs JCIT (Karnataka High Court) Assessee has incurred the expenditure towards construction of 169 houses for the villagers who had lost their home due to natural calamity. In order to cater to the needs of those destitute persons who had lost the roof over their head on account of natural calamity, assessee constructed […]

AO has a legal obligation to implement order of ITAT strictly: HC

July 25, 2019 3114 Views 0 comment Print

Lokesh Chandrappa Vs ITO (Karnataka High Court) It is trite law that the Assessing Officer has a legal obligation to implement the order of the ITAT strictly and such failure would result in the failure of justice. A writ of mandamus would be issued in such circumstances to the respondent – Assessing Officer to carry […]

Show cause notice is sine qua non to proceed with recovery under GST

July 22, 2019 5790 Views 0 comment Print

LC Infra Projects Pvt. Ltd. Vs Union of India (Karnataka High Court) Section 73 of the Chapter XV of the Act – contemplates that where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised […]

HC grants Anticipatory bail against arrest under GST for alleged bogus billing

July 21, 2019 2187 Views 0 comment Print

Mr. Mahendra Kumar Singhi Vs Commissioner of Commercial Taxes (Karnataka High Court) Though several contentions have been raised with reference to initiation of the action under the GST Act and CST Act, since the scope of these petitions is limited only to consider the bail applications, the other points which have been raised are not […]

SARFAESI: Only secured creditors can initiate action against borrower

June 27, 2019 7443 Views 0 comment Print

SARFAESI Act provides only secured creditors to initiate action against the borrower and a demand made by a person or legal entity who was not the secured creditor was definitely prejudicial to the interest of assessee.

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