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Karnataka High Court

No Interim Relief to Google: HC directs ITAT for expeditious disposal of appeal

November 22, 2017 915 Views 0 comment Print

In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with the Tribunal.

HC on allowability of deduction U/s. 10A / 10B on Interest Income

October 30, 2017 4146 Views 0 comment Print

CIT Vs. Hewlett Packard Global Soft Ltd (Karnataka High Court) (Full Bench) HC held that assessee was entitled to 100% exemption or deduction under Section 10-A of the Act in respect of the interest income earned by it on the deposits made by it with the Banks in the ordinary course of its business and […]

Exemption U/s. 10A / 10B can be claimed on incidental income from export of goods

October 30, 2017 3798 Views 0 comment Print

Profits of the business of the Undertaking for the purposes of Section 10-A/ 10-B includes the Profits and Gains from export of the articles as well as all other incidental incomes

CA can be tried under Prevention of Corruption Act for offering bribe to ITO

September 13, 2017 3159 Views 0 comment Print

CA accused of offering a bribe to ITO for performing an official act can be tried U/s. 7 and 13 (1)(d) of Prevention of Corruption Act and section 120-B of the IPC. The fact that the CA is not a public servant is irrelevant.

GST rate applicable on scrap buses put to auction; HC dismisses petition

September 13, 2017 5301 Views 0 comment Print

M/s. M.J.S. Enterprises & Ors vs. The Controller of Stores & Purchase & Ors. (Karnataka High Court) HC held that it would be premature for the Court to decide such academic questions at this stage, when the very foundation of such a dispute itself is not even available for the Court to decide. It is […]

Interest on donation with specific direction to form part of corpus of trust will be exempt U/s. 11 d with specific direction o form part of corpus of trust will be exempt U/s. 11

August 22, 2017 1917 Views 0 comment Print

CIT Vs Mata Amrithanandamayi Math (Karala High Court) A reading of section 11 shows that subject to the provisions of sections 62 and 63, the incomes enumerated therein shall not be included in the total income of the previous year of the person in receipt of the income. The person in receipt of the income, […]

4% KVAT applicable on Iron and Steel used in construction of building

March 21, 2017 3759 Views 0 comment Print

Iron and Steel purchased by the respondent – assessee and used in the execution of the civil works contracts of the construction of the buildings, remains Iron and Steel as declared goods under the provisions of Section 14 of the Central Sales Tax Act, 1956 and therefore are taxable only at the concessional rate of 4% and not at 13% rate of tax.

PML Act, 2002 Provisions cannot be invoked Retrospectively

March 13, 2017 2142 Views 0 comment Print

By consent of the learned advocates appearing for the parties, all these writ petitions are taken up for hearing together, as similar questions of law are involved in these writ petitions, in order to avoid a conflicting judicial opinion. We are also informed that facts are, almost, identical.

Governor can suspend PSC Member only after reference of matter by President to SC

March 6, 2017 2385 Views 0 comment Print

The Constitution contemplates various scenarios in which a Governor can exercise his discretion dehors the aid and advice of the Council of Ministers, as for example, the powers under Article 174(2): dissolution of legislative assembly; Article 356: advising the President for proclamation of emergency; Article 167: calling for information from the Chief Minister etc, Article […]

AO has no jurisdiction to examine constitutional validity of any Act

March 3, 2017 8904 Views 0 comment Print

All the appeals are directed against the common order dated 18.02.2016 passed by the learned Single Judge in the respect of writ petitions whereby the learned Single Judge, for the reasons recorded in the order, has set aside the impugned assessment orders so far as they relate to Privilege Fee as being taxable income.

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