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Karnataka High Court

Prosecution u/s 276B is not controlled either by section 201(1A) or section 221

April 5, 2019 5406 Views 0 comment Print

Onora Hospitality Pvt. Ltd. Vs ACIT (Karnataka High Court) The issue under consideration is whether the prosecution of the petitioners for the offence punishable under section 276B of the Income Tax Act could be sustained without determination of the liability of the petitioners under section 201 of the Act? In the given case, it was […]

Vehicle can be released if Assessee submits Bank Guarantee for value of goods in question

April 1, 2019 2901 Views 0 comment Print

SRS Travels/Logistics Vs Joint Commissioner of Commercial Taxes (Karnataka High Court) Section 129 of the Karnataka Goods and Services Tax Act, 2017 empowers detention and seizure of the vehicle that was used for transportation of goods in question and therefore, the order cannot be faltered. However, having argued the matter for some time resisting the […]

Karnataka HC allows revision of GST Tran-1 for non-technical errors

March 28, 2019 14673 Views 2 comments Print

M/s. Kongovi Private Limited Vs. Union of India (Karnataka High Court) The petitioner was aggrieved by the action of the Revenue in not permitting it to correct an error which occurred when filing Form GST TRAN-1, due to which the eligible credit under the earlier indirect tax law could not be transferred to the electronic […]

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

March 28, 2019 861 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 4404 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 2544 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 14565 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 2706 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 1005 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 789 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.

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