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Karnataka High Court

TDS Provision is applicable only when payment is made in ‘monetary terms’

September 29, 2015 2516 Views 0 comment Print

In CIT vs. Bruhat Bangalore Mahanagar Palike, the Karnataka High Court on the issue of applicability of TDS provision held that section 194LA only applies to compulsory acquisition of land and not on voluntary acquisition.

Karnataka HC directs CBDT to Consider representation on Tax Audit/ ITR Due Date Extension

September 28, 2015 17715 Views 0 comment Print

In these writ petitions, the writ petitioners are asking for some extension of time for submission of income tax returns in respect of certain categories of assesses, including the companies, firms and individuals

A liaison office of a foreign co identifying suppliers/ material is not a permanent establishment under Article 5 of India-USA DTAA

September 3, 2015 1604 Views 0 comment Print

Columbia Sportswear Company vs. DIT (Karnataka High Court)- A liaison office of a foreign company which identifies a manufacturer in India, negotiates the price, helps in choosing raw material to be used, ensures compliance with quality,

Reopening is invalid when there is no direct nexus between material gathered & formation of belief of income escaping assessment

August 24, 2015 2719 Views 0 comment Print

The Hon’ble Karnataka HC in the above cited case held that there must be a direct nexus between the material coming to the notice of the Income-Tax Officer and the formation of his belief that income has escaped assessment.

Purchases of materials from a person other than the customer is not a works contract –TDS is not applicable

August 18, 2015 2299 Views 0 comment Print

In the case of Commissioner of Income Tax Vs The Executive Engineer Court of Karnataka( Kalaburagi Bench) has held that if a person executing the work, purchases the materials from a person other than the customer

HC empowered to entertain writ petition beside alternate remedy of appeal in case of gross violation of natural justice

August 14, 2015 526 Views 0 comment Print

Karnataka High Court held In the case of M/s Kothari Metals vs. ITO that in this case it is clear that the assessee was not provided reasons for re-opening and also the statement recorded by the AO was not available to the assessee.

Capital gain benefit u/s 54F allowed even if construction of residential house not fully completed in 3 years

July 13, 2015 3623 Views 0 comment Print

Karnataka High Court held In the case of The CIT & ITO vs. Smt. B S Shanthakumari that the purpose of provisions u/s 54F is to ensure that assessee who received capital gains would invest the same by constructing a residential house and once it is established that consideration so received on transfer

No Rectification u/s 154 for mistake from long drawn process of reasoning

July 3, 2015 2511 Views 0 comment Print

Karnataka High Court held In the case of K.S. Venkatesh vs. DCIT that The Hon’ble Apex Court in T.S.Balaram Vs Volkart Brothers and others reported in 1971 (82) ITR 50 has observed that a mistake apparent on the record must be obvious and patent mistake and not something

Place of Removal should be determined at the time when the property in goods passed to the buyer

July 2, 2015 2075 Views 0 comment Print

The appellant deals in the manufacture and sale of cement. According to the appellant, in the present case, sale of cement was made at the destination of the buyer and hence the appellant would be entitled to CENVAT credit on input service on transportation of the cement sold by the appellant.

Automobile cesses are a type of excise duty for which also rebate available under Rule 18

June 12, 2015 9189 Views 0 comment Print

Karnataka High Court in the case of M/s TVS Motors Co. Ltd. held that the automobile cess leviable under the automobile cesses rules are governed by the provisions of central excise act and rules made under the act and are in the nature of excise duty and thus, allowable as rebate under Rule 18 of Central Excise Rules,2002.

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