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Karnataka High Court

Penalty orders and demand notices to be kept in abeyance till pendency of appeal: Karnataka HC

September 20, 2024 6396 Views 0 comment Print

Karnataka High Court held that till disposal of the appeals filed by the Assessee, it is necessary to keep the penalty orders and notices in abeyance. Thus, demand notice kept in abeyance.

Reasonable time limit applies in absence of a specific legislative timeframe for Section 201 orders

September 17, 2024 2250 Views 0 comment Print

Karnataka High Court confirms that a reasonable time limit applies to Section 201 orders for non-residents if no specific time limit is prescribed by law, dismissing the CIT appeal.

No criminal breach of trust u/s. 405 of IPC without deduction by employer: Karnataka HC

September 16, 2024 750 Views 0 comment Print

Karnataka High Court held that deeming fiction under section 405 of the IPC would be attracted only when there is deduction made by the employer and not otherwise. In absence of deduction, the deeming fiction cannot be invoked nor could there be said to be an offence amounting to criminal breach of trust.

Passing of order u/s. 201(1) and 201(1A) beyond four year held as barred by limitation: Karnataka HC

September 10, 2024 1839 Views 0 comment Print

Karnataka High Court held that passing of order under section 201(1) and 201(1A) of the Income Tax Act beyond period of four year is barred by limitation. Accordingly, impugned order set aside.

Reconsider ITC Claim on RCM as Circular Supports Assessee’s Case Against Belated Filing: Karnataka HC

September 10, 2024 1077 Views 0 comment Print

Karnataka High Court directs reconsideration of Bosch Automotive input tax credit claim under GST. Case involves delayed ITC claims clarified by a CBIC circular.

Employee cannot seek a change in date of birth after significant delay: Karnataka HC

September 5, 2024 507 Views 0 comment Print

Karnataka HC rejects Guddappa Kolaji’s claim to change retirement date based on new birth certificate after accepting previous records.

No demand of service tax as Venture Capital Trust was not a Juridical Person

August 31, 2024 552 Views 0 comment Print

Assessee was a venture capital trust. Institutional investors contribute money to the trust fund and the same was managed by an Investment Manager. An investigation was conducted by Anti-Evasion Unit of the Jurisdictional Commissionerate against assessee.

No suppression as entire facts known to department while issuing first notice: Karnataka HC

August 30, 2024 1689 Views 0 comment Print

Karnataka High Court held that department was aware about the facts while issuing first show cause notice. Hence, no suppression can be held against the appellant and invoked while raising demand for subsequent period. Accordingly, allegation of suppression of facts not sustained.

Inspection based on misidentification by VAT Authority: HC directs petitioner to file appeal

August 24, 2024 486 Views 0 comment Print

Karnataka HC directs petitioner to avail statutory remedy in VAT dispute involving inspection confusion between Three 1st Enterprises and Trishul Bar and Restaurant.

Settlement commission offering immunity by accepting explanation in spirit of settlement cannot be faulted: Karnataka HC

August 16, 2024 468 Views 0 comment Print

Karnataka High Court held that settlement commission, accepting additional income offered as reasonable and giving immunity from penalty and prosecution, by accepting the explanation ‘in the spirit of settlement’ cannot be faulted.

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