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Karnataka High Court

Mere delay in TDS deposit in time is offense sufficient to attract Section 276B

April 26, 2019 3723 Views 1 comment Print

Golden Gate Properties Ltd Vs DCIT (Karnataka High Court) Section 278AA makes it clear that in order to get over the penal consequences that follow on account of non-payment of tax deducted at source, it is open for the accused persons to come clean of the said charge by showing reasonable cause for failure to […]

Object & Purpose of GST Transitional Provisions needs to be achieved

April 25, 2019 1782 Views 0 comment Print

Yokogawa India Ltd Vs Union of India (Karnataka High Court) Facts Assailing the communication dated 22.03.2019 issued by the respondent No.6, Petitioner inter alia seeks a direction to the respondents to enable them to revise their Form GST TRAN-1 in order to transit the amount of Rs.4,31,32,066/- in the Electronic Credit Ledger in terms of […]

Fake GST invoices: Circumstances under which bail can be granted

April 16, 2019 2439 Views 0 comment Print

B. Banu Bee Vs State of Karnataka (Karnataka High Court) This Court in the case of Sri. Avainash Aradhya Vs. the Commissioner of Central Tax in Criminal Petititon No.497/2019 c/w Criminal Petition No.498/2019 by order dated 18.2.2019 has elaborately discussed the provisions of law and other aspects as to under what circumstances the bail has […]

Section 281B order ceased to have effect after expiry of six months from the date of assessment order

April 11, 2019 2514 Views 1 comment Print

The order passed by the Assessing Officer under Section 281B of the Act has been ceased to have effect after the expiry of six months from the date of the order of the assessment. Hence, the  apprehension  of the petitioner regarding the enforcement of the provisional attachment further would not arise and the same can be allayed with a direction to the respondent- authorities that the said order shall not be  enforced  until a decision is to be taken by the Appellate Authority on the stay application, if to be filed in the appeal proceedings by the assessee within a period of three weeks as aforesaid and is ordered

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

April 5, 2019 5550 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 3006 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 14742 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 888 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 4446 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 2610 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.

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