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Karnataka High Court

Stamp duty expenditure for public subscription of share/ debenture is allowable u/s 35D

December 2, 2022 3141 Views 0 comment Print

Karnataka High Court held that the expenses incurred towards stamp duty in connection with issue for public subscription of shares or debentures of the company is an allowable expenditure under section 35D of the Income Tax Act.

Contravention of section 269SS of Income Tax Act doesn’t vitiate offence u/s 138 of Negotiable Instrument Act

December 1, 2022 2859 Views 0 comment Print

Karnataka High Court held that contravention of provisions of section 269SS of the Act doesn’t make the entire transaction of loan void. Non-payment of the same held guilty of commission of offence under section 138 of Negotiable Instruments Act, 1881.

Wife Cannot Be prosecuted For Cheque Issued By Her Husband

November 24, 2022 13095 Views 0 comment Print

HC held that wife cannot be made accused for dishonor of the cheque issued by her husband and he alone can be prosecuted for the same.

Condonation granted on bonafide reasons, unavoidable circumstances & sufficient cause

November 22, 2022 2739 Views 0 comment Print

Karnataka High Court held that petitioner had made out valid and sufficient ground/cause to condone the delay in preferring the appeal before the appellate Authority. Accordingly, exercising power under Article 226 of the Constitution of India the condonation of delay was granted.

HC allows writ subject to payment of costs of Rs. 1,00,000

November 21, 2022 1275 Views 0 comment Print

Simplex Infrastructures Ltd. Vs Joint Commissioner of Central Tax (Karnataka High Court) In the usual course if the assessee knocks the doors of the Writ Court without exhausting the alternative remedy of appeal available under the Act, no exception can be found with the Writ Court in rejecting the writ petition as not maintainable, but […]

Non-Filing of GST Returns due to Demise of Auditor: Karnataka HC Directs to Restore Registration

November 19, 2022 1659 Views 0 comment Print

HC directed GST Department to restore cancelled GST registration as Petitioner could not file GST returns due to sudden demise of auditor

Google Reviews not have any Legal Evidentiary Value, HC allows bail

November 16, 2022 1230 Views 0 comment Print

The argument addressed by the learned HCGP that the google search discloses that the petitioner has cheated number of persons which is evident from the review cannot be accepted as it does not have any legal evidentiary value.

CST: Open Purchase Orders are ‘standing offers’ & not confirmed ‘agreement to sell’

November 14, 2022 1677 Views 0 comment Print

Karnataka High Court held that Open Purchase Orders are only standing offers and do not constitute a confirmed ‘Agreement to sell’ and movement of goods are mere stock transfers.

HC directs department to consider Revocation Applications of GST Registration cancellation

November 9, 2022 1392 Views 0 comment Print

Badiger Raghavendra Vs Assistant Commissioner of Commercial Taxes (Karnataka High Court) Petitioner, a ‘registered supplier’ under section 22 r/w section 26 of the Central Goods and Services Tax Act, 2017 is grieving before the Writ Court as to non-consideration of his Revocation Applications dated 25.03.2021 & 26.04.2021 respectively at Annexures-F & G wherein he has […]

Application u/s 50 of Prevention of Money Laundering Act, 2002 is not maintainable before Magistrate

November 9, 2022 762 Views 0 comment Print

Karnataka High Court held that application filed u/s. 50 of Prevention of Money Laundering Act, 2002, seeking permission to record written statement of accused, is not maintainable before the learned Magistrate

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