Southern Ferro Ltd. Vs State of Karnataka (Karnataka High Court) In respect of electricity supplied to the consumers by a non-licensee through a licensee, the electricity tax payable is on the units of the electricity supplied. Obviously, the unit of electricity supplied is the indicator of the quantum of electricity consumed and since the electricity […]
Virendra Khanna Vs State of Karnataka (Karnataka High Court) In this case Karnataka High COurt answered following Questions- 1. Can a direction be issued to an accused to furnish the password, passcode or Biometrics in order to open the smartphone and/or email account? 2. Can a Court issue a suo moto order to the accused […]
DHL Express India Pvt Ltd Vs Commissioner of Service Tax (Karnataka High Court) In the present case, duty of customs payable on the transaction in question under the statute is Rs.4,743/-, which has been admitted by the respondent and on account of erroneous calculation, the duty has been paid in excess to the tune of […]
Wellworth Software Pvt. Ltd. Vs CBI/ ACB (Karnataka High Court) FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT These two petitions are preferred against the orders passed by the LXXXI Addl. City Civil and Sessions Judge, Bengaluru, rejecting the applications filed by the petitioners under Sections 451 and 457 of Cr.P.C. 2. The undisputed […]
Service of notice through registered post was proper service of notice and there was no requirement to serve notice under certificate of posting as there was no rebuttal evidence to show that the complainant has deliberately and intentionally sent the legal notice to the wrong address and the accused was not working at the place and address shown in the registered envelope.
N.M.D.C. Vs Authority For Advance Ruling (Karnataka High Court) It is provided categorically under the CGST Act that no delay can be condoned after expiry of 30 + 30 days period. No such contingency was involved in the aforesaid case. Not only this, the doctrine of merger is not applicable in the facts and circumstances […]
State Of Karnataka Vs Deccan Mining Syndicate Pvt. Ltd. (Karnataka High Court) The prescribed authority in order dated 31.03.2016 accepted the books of accounts in entirety, which was produced by the respondent. The prescribed authority before passing the order dated 31.03.2016 has not conducted any independent enquiry and has not noted any other material which […]
Asiatic Clinical Research Pvt. Ltd. Vs Union of India (Karnataka High Court) HC held that Taking note that an opportunity of personal hearing was not availed, in the interest of justice, it would be appropriate if the petitioner is afforded an opportunity of personal hearing to substantiate the detailed replies made, as per the acknowledgements […]
Based on the above, the Hon’ble Court held that the assessee is entitled to set-off the brought forward business loss against income which has the attributes of business income even though the same is assessable to tax under a head other than profits and gains from business.
CIT Vs Quest Global Engineering Services Pvt. Ltd. (Karnataka High Court) Conclusion: Loss sustained by assessee due to fluctuation in foreign exchange while implementing export contract was incidental to assessee’s course of business, therefore, such a loss was not a speculative loss but a business loss. Held: Assessee had entered into forward contract with the bank […]
