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Karnataka High Court

Entertainment Tax payable on payment for admission to Fashion Show

September 3, 2018 630 Views 0 comment Print

Dream Merchant Vs. State of Karnataka (Karnataka High Court) The features of the event organised by the appellant had been, as noticed, quite different. It had been a ‘fashion show’, where there had been sponsorship and advertisements; where the apparels and dresses of various manufacturers were put in exhibition on mannequins as also on live […]

Wealth Tax Payable on Land Situated within Corporation Limit of City by Mysuru’s Erstwhile Royal Family

August 30, 2018 1056 Views 0 comment Print

CIT Vs Smt. Meenakshi Devi Avaru (Karnataka High Court) Protective, precautionary or alternate assessment is an assessment which is made ex- abundanti cautela by the Assessing Authority and is therefore called protective or Precautionary Assessment or alternative assessment. When the Department has any doubt as to the person who is or will be deemed to […]

Section 11 Set-off of excess expense against income of future AY is application of Income

August 14, 2018 1869 Views 0 comment Print

PCIT (Exemptions) Vs Green Wood High School (Karnataka High Court) Income derived from the trust property has also got to be computed on commercial principles and if commercial principles are applied, then adjustment of expenses incurred by the trust for charitable and religious purposes in the earlier years against the income earned by the trust […]

ITAT can direct AO for fresh enquiry into aspects of subject matter of appeal

July 23, 2018 5826 Views 0 comment Print

M/s. Fidelity Business Services India Pvt. Ltd. Vs ACIT (Karnataka High Court) Issue- Whether the Income Tax Appellate Tribunal has power under Section 254 of the Income Tax Act, 1961, to give directions for fresh enquiry into the aspects of the subject matter of appeal filed before it either suo motu or on any grounds […]

S. 254(2) Tribunal cannot condone delay in filing MA but HC can

July 12, 2018 3087 Views 0 comment Print

Though the Tribunal has no power u/s 254(2) to condone delay in filing the MA, the High Court has power under Articles 226 and 227 of the Constitution of India to do substantial justice by condoning the delay.

No Service Tax on Construction of Residential Complex for Employees

July 4, 2018 3039 Views 0 comment Print

Commissioner of Central Excise Vs. Principal Commissioner of Service Tax (Karnataka High Court) The ‘Residential Complex’ in question was undertaken to be constructed by the Respondent Assessee M/s. Nithesh Estates Limited for ITC Limited under the Contract dated 01/04/2006. It is equally undisputed before us that the construction activity in question was in its entirety […]

AAR Karnataka allows UltraTech Cement to withdraw advance ruling

June 29, 2018 2943 Views 0 comment Print

Applicant has sought for Advance Ruling on the question that Whether the amount paid to dealer towards ‘rate difference’ post supply can be considered for the purpose of arriving at the ‘transaction value’ in terms of Section 15 of the Central Goods and Service Act’2017 ?. But the Applicant requested to permit them to withdraw the application filed for advance ruling vide their letter dated 29.05.2018, even prior to personal hearing.

HC explains when transfer pricing disputes constitute substantial questions of law

June 25, 2018 1923 Views 0 comment Print

PCIT Vs. Softbrands India P. Ltd (Karnataka High Court The existence of a substantial question of law is sine qua non for maintaining an appeal before the High Court. While the appeal to High Court under Section 260-A of the Act may be a First appeal in the sense from the order of final fact […]

TP disputes on Comparables & Filter selection are not substantial question of law

June 25, 2018 5130 Views 0 comment Print

In transfer pricing disputes, comparability analysis and use of appropriate filters has been one of the most prevalent issues, especially for captive cost plus remuneration service providers.

HC expresses concern at tendency of Dept to file unnecessary appeals u/s. 260-A

June 21, 2018 738 Views 0 comment Print

Pr. CIT (A) Vs M/s Bank Note Paper Mill (Karnataka High Court) HC expresses concern and anguish at the tendency of the Revenue Department to file unnecessary appeals u/s. 260-A of the Act even though the issues are ex facie covered by the decision of the jurisdictional High Courts or even the Hon’ble Supreme Court […]

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