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Karnataka High Court

Application for interim measures once entertained cannot be restricted by constitution of arbitral tribunal

July 29, 2022 1485 Views 0 comment Print

Held that the restriction contained under Section 9(3) of the Arbitration and Conciliation Act, 1996 doesn’t apply once an application under Section 9(1) for interim measures has been entertained by the Court.

Annuity received by concessionaries towards construction of roads is exempt from GST

July 26, 2022 3813 Views 0 comment Print

Held that circular no. 150/06/2021-GST dated 17.06.2021 clarifying that GST exemption is not available to annuity (deferred payments) received by the concessionaries towards construction of roads is contrary to notification no. 32/2017 and notification no. 33/2017 dated 13.10.2017.

Stamp Duty on Arbitral Award payable as per Rate Applicable on date of signing Award: Karnataka HC

July 26, 2022 15816 Views 0 comment Print

Date for the purpose of quantifying the stamp duty payable on the instrument is the date on which the instrument was signed

Education related Affiliation service fees collected by University is exempt from service tax

July 26, 2022 3252 Views 0 comment Print

Held that the act of University in granting affiliation to a private college is service in furtherance of providing education and accordingly the affiliation fees collected is exempted from service tax.

Revenue not permitted to take a contradictory stand before HC

July 22, 2022 1956 Views 0 comment Print

CIT Vs Bangalore Metro Rail Corporation Ltd. (Karnataka High Court) Specific case of the Revenue before the ITAT is that the Contract is a composite one. Shri. Chaitanya is right in his submission that the dominant purpose of the Contract is supply of the passenger rolling stock. Thus, having taken a specific stand before the […]

Transfer of land to developer via JDA not covered under wealth tax

July 22, 2022 1434 Views 0 comment Print

Held that appellant has transferred the land to the developer through JDA and the developer had power to alienate their portion of property. Accordingly, property so transferred is not subject to wealth tax.

Offence committed by firm is also an offence committed by partners

July 16, 2022 4320 Views 0 comment Print

Held that if an offence committed by the firm, is also an offence committed by the partners, it cannot be bifurcated as partners and the firm

Refund of Service Tax paid by Mistake cannot be denied on Limitation ground: HC

July 12, 2022 2169 Views 0 comment Print

Bellatrix Consultancy Services Vs Commissioner of Central Tax (Karnataka High Court) It is not in dispute that assessee had paid service tax on an erroneous assumption that it was liable to pay the taxes. The Assessing Authority has allowed a part of the claim. Thus, according to the Assessing Authority, appellant is not liable to […]

A&C Act not inviolable Based on A Non-Binding Arbitration Agreement

July 11, 2022 1290 Views 0 comment Print

Held that as the agreement between the parties provided for a ‘non-binding’ arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement could not be termed as an arbitration agreement.

Extended Limitation cannot be invoked if SCN was issued based on balance sheet

July 10, 2022 1023 Views 0 comment Print

Commissioner of Central TAX Vs ABB Limited (Karnataka High Court) Undisputed facts of the case are, as recorded in paragraph 6 of the show cause notice, it was issued based on the balance sheet for the year ending 2008. Thus, the contentions of the Revenue that respondents trading activity was not known to the department […]

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