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Karnataka High Court

HC set aside Criminal Case related to setting up of Bitcoin ATM

February 8, 2021 831 Views 0 comment Print

B V Harish Vs State of Karnataka (Karnataka High  Court) In this case Karnataka High Court quashed and set aside a criminal case registered against founders of Bitcoin company, Unocoin for setting up a Bitcoin ATM in Bengaluru in 2018 as  the case has been registered against the petitioners based on the Circular dated 06.04.2018 […]

Speed money paid in cash but supported by documents to get work done speedily allowable

February 6, 2021 1815 Views 0 comment Print

From perusal of the order passed by the authorities, it is evident that the authorities have accepted the books of accounts produced by the assessee. The Assessing Officer, in its order, has admitted that the payment of speed money is a trade practice which is followed by the assessee and similar business concerns functioning for speedy completion of their work.

Duty drawback cannot be rejected solely for lack of physical verification 

February 5, 2021 2256 Views 0 comment Print

Rule 4(a) of the Re-Export Of Imported Goods (Drawback Of Customs Duties) Rules, 1995 provides for exemption or waiver of the requirement physical verification and cannot form the sole basis for rejection of the claim for drawback of duty under Section 74 of the Act.

KVAT: Form VAT 240 cannot be treated as return for claiming ITC

February 5, 2021 6099 Views 0 comment Print

By no stretch of imagination Form VAT 240 can be treated as a returns for the purposes of claiming input tax credit, especially in the light of the fact that filing of returns to compute the net tax liability has to take place keeping in view Section 10(3) and 10(4) of the KVAT Act.

No service tax on software maintenance services prior to 01.06.2007

February 4, 2021 2301 Views 0 comment Print

Respondent is engaged in providing services with regard to maintenance and repair of computer software. Vide Notification dated 21.08.2003, the maintenance services related to computers, computer systems or computer peripherals were exempt from payment of service tax.

ITR software should allow filing of Return despite non payment of Tax

January 28, 2021 1095 Views 0 comment Print

The Income Tax Department is also directed to consider the provisioning of a facility in its software to upload Income Tax Returns with the actual amount paid and for the system to accept the said returns even though the complete amounts had not been paid.

HC Stays Service Tax payment on Mining lease/Royalty

January 25, 2021 3534 Views 0 comment Print

Zeenath Transport Company Vs Principal Additional Director General (Karnataka High Court) The petitioner is challenging the constitutional validity of Section 174 Central Goods and Services Tax Act, 2017 is ultra virus the constitutional (101st) Amendment Act 2016 being violative of Article 14/19/265 of the Constitutional of India and also sought for quashing the show cause […]

VAT Refunds – SEZ Units – Advantageous Judgement by Hon’ble HC Karnataka

January 21, 2021 2955 Views 0 comment Print

The Hon’ble High Court concluded that order passed by JCCT Appeals cannot be said erroneous. Also concluded that the position adopted by ADC is not in line with KVAT Laws  where the order passed by ADC was based on assumption that the benefit of refund of tax paid on purchase of Inputs can be granted only in respect of manufacture and processing of goods which is not at all prescribed under the law. Accordingly, there is no justification on the part of ADC in invoking revisional power u/s 64 (1) of the KVAT Act.

HC quashes Criminal proceeding against Azim Premji & his wife

January 18, 2021 1908 Views 0 comment Print

Since complainant was neither Registrar of companies nor a shareholder of the company or a person authorized by the Central Government to file the complaint, therefore, the complaint  was dismissed as no other person can initiate any criminal proceeding against a company for the offence committed under the Act of 2013 .

Stamp duty expense on IPO allowable under section 35D

January 18, 2021 4923 Views 0 comment Print

Whether, the Tribunal was justified in law in holding that the expenditure incurred in connection with the issue of IPO inter alia stamp duty is an allowable expenditure under section 35D of the I.T. Act

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