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Karnataka High Court

Mere inspection of quality of fabric not amounts to fees for technical services

September 10, 2020 1335 Views 0 comment Print

DIT Vs Jeans Knit Pvt. Ltd. (Karnataka High Court) From the agreement executed by the assessee with the non-resident company, it is evident that the non-resident company is required to inspect the quality of fabric and other accessories in accordance with the sample approved by the assessee and coordinate with the suppliers to ship the […]

Revocation of Cancellation of GST Registration – HC found argument of erroneous exercise of jurisdiction untenable

September 7, 2020 6753 Views 0 comment Print

M.S. Retail Private Limited Vs Union Of India (Karnataka High Court) It is not in dispute that the show cause notices, the order of cancellation and the order rejecting the application for revocation of cancellation are passed by proper officer. The show cause notice dated 18.03.2020 and the order of cancellation of registration dated 06.06.2020 […]

Cash expense disallowable U/s. 40A(3) if no sufficient cause

September 7, 2020 2100 Views 0 comment Print

Assessee couldn’t demonstrate with cogent evidences that there was business expediency or sufficient cause for such cash payment. Assessee failed to prove that the case was covered in the exception clause as provided under section 40A(3) read with Rule 6DD.

Disallowing of Interest without Considering T&C of Agreement is unjustified

August 31, 2020 573 Views 0 comment Print

The issue under consideration is whether Tribunal is correct in the disallowing the claim of interest from the deposits without considering the terms and conditions of the agreement between the parties?

Indexed cost of acquisition can be reduced to compute book profits U/s. 115JB

August 26, 2020 2574 Views 0 comment Print

The issue under consideration is whether the indexed cost of acquisition can be reduced for the purpose of computing book profits under Section 115JB of the Act?

Provision for Warranty Calculated on Scientific Basis as per AS 29 Can’t be Disallowed

August 25, 2020 3432 Views 0 comment Print

The issue under consideration is whether the provision for warranty is allowable as deduction when the assessee has not made provision on a scientific basis?

Foreign currency expense cannot to be excluded for computing export Turnover

August 25, 2020 1086 Views 0 comment Print

Mindtree Ltd Vs. ACIT (Karnataka High Court) Thus, the  Commissioner  of  Income  Tax (Appeals) has recorded a categorical finding that assessee is engaged in the development of computer software, which is exported outside India. The aforesaid finding has not been set aside by the Tribunal. Therefore, in view of Explanation 2(iii) to Section 10B of […]

Perishable Goods in Transit Can’t Seized, if applicable IGST paid with valid E-way Bill & Invoice

August 19, 2020 2748 Views 0 comment Print

whether the department is entitled to seize a consignment of perishable goods in transit more particularly when it is accompanied by a lawful e-way bill, invoice and when it has paid the applicable IGST?

HC directs AO to verify claim of Section 80IB(10) deduction

August 18, 2020 804 Views 0 comment Print

DIT Exemptions Vs India Heritage Foundation Gokulam Complex (Karnataka High Court) It is evident that the Assessing Officer has not made any enquiry with regard to the claim of the assessee for deduction under Section 80IB(10) of the Act. The Director of Income Tax (Exemption) in the order passed under Section 263 of the Act […]

HC Quashed GST Penalty Order due to Contravention of Principles of Natural Justice 

August 12, 2020 1050 Views 0 comment Print

In the instant case, the petition is filed for seeking quashing of the penalty order in Form GST OV 09 under Section 129 (3) of the Central Goods and Services Act, 2017. HC Quashed Penalty Order due to Contravention of Principles of Natural Justice

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