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Karnataka High Court

Revision of declaration in FORM GST TRAN- 1 can be made once: HC

March 28, 2019 852 Views 0 comment Print

Atria Convergence Technologies Ltd Vs Union of India (Karnataka High Court) The Rule 120A provides for revision of declaration. In the event of the registered person who had submitted a declaration electronically in FORM GST TRAN-1, intends to revise such declaration once, this provision can be invoked. This provision makes it clear that the revision […]

HC allows revision of GST TRAN-1 for errors due to Technical reasons

March 28, 2019 4374 Views 0 comment Print

M/s. Atria Convergence Technologies Ltd Vs Union of India (Karnataka High Court) Court is of the considered opinion that the petitioner is entitled to revise or rectify the errors in the FORM GST TRAN-1 in terms of Rule 120A wherein the Commissioner is empowered to extend the time period specified in Rule 117. As the […]

Order passed U/s. 254(2) cannot be rectified or amended by invoking of section 254(2) once again

March 25, 2019 2472 Views 0 comment Print

Tribunal in exercise of its power under sub-section (2) of section 254 had rectified the mistake apparent on record and deleted the double addition of income in respect of assessee. Thereafter, Revenue again filed an application under sub-section (2) of section 254 seeking rectification of order passed under sub-section (2) of section 254.

No Confiscation unless GST Tax and Penalty is quantified

March 14, 2019 14526 Views 1 comment Print

Shree Enterprises Vs CTO  (Karnataka High Court) Facts- Petitioners have challenged the order of confiscation as illegal, seeking all consequential reliefs. Petitioners are claiming to be the consignee and transporter of the goods in question. It is their contention that the Respondent has detained the goods and vehicle illegally for more than a month in […]

HC grants conditional anticipatory bail in fake invoice Case

February 18, 2019 2679 Views 0 comment Print

High Court in the case of assessee had held that by taking into consideration the gravity of the offence and punishment which was liable to be involved where assessee was indulged in issuing fake invoices without actual supply of goods with an intention to fraudulently avail the input tax credit, accused assessee’s were given anticipatory bail for the offence punishable under Section 137 of GST Act, 2017 subject to certain conditions.

Nodal officer obliged to consider complaint for bona fide error in TRAN-1

January 31, 2019 969 Views 0 comment Print

Pragati Automotion (P.) Ltd. Vs Union of India (Karnataka High Court) The petitioner is before this Court seeking a direction to the respondents to permit the petitioners to correct the bonafide error which has crept in while filing the GST Tran – 1 form because of which the petitioner is deprived of the transitional credit of […]

Sum received by father for transfer of mining lease right | Deemed dividend | Section 2(22)(e)

December 10, 2018 768 Views 0 comment Print

It was held that Amount received by assessee from his father out of  sum received by father for transfer of mining lease right to a Company in which assessee was shareholder cannot be treated as deemed dividend income of the assessee under section 2(22)(e) as sum was not received on behalf of Assessee and it was for a commercial transaction.

HC allows Deduction U/s. 54 despite Delay in construction

December 5, 2018 1758 Views 0 comment Print

Pr. CIT Vs Dilip Ranjrekar (Karnataka High Court) In the instant case, the investment is made in a new property. The construction was not completed within a period of three years as narrated in section 54 of the Act. The delay was not because of the assessee, but beyond his control, since the construction was […]

Section 40A(3) additions not justified when demand draft amount credited to bank account although not crossed

November 29, 2018 2394 Views 2 comments Print

M. K. Agrotech Private Ltd. Vs ACIT (Karnataka High Court) The main purpose of crossing a demand draft is to ensure that the payment is cleared by means of an account, i.e., the payment is deposited in the Bank Account i.e the person in whose favour the demand draft has been drawn. It ensures the […]

Payment for bandwidth charge utilization was royalty & TDS applicable

November 19, 2018 5694 Views 0 comment Print

CIT Vs Infosys Technologies Ltd. (Karnataka High Court) Payment for bandwidth charge utilization was royalty and TDS was required to be deducted under section 195 of Income Tax Act, 1961 and on failure to deduct TDS, the disallowance under section 40(a)(i) was rightly made by the Assessing Officer. FULL TEXT OF THE HIGH COURT ORDER […]

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