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Karnataka High Court

HC order release of Goods on payment of 100% of tax payable

August 5, 2020 753 Views 0 comment Print

The issue under consideration is whether the order passed for imposing tax and penalty equal to 100% on areca nut for the release of detained goods and conveyances in transit is justified in law?

Section 54F Exemption on Investment in House Property in USA Prior to 01.04.2015 allowable

July 31, 2020 2247 Views 0 comment Print

The issue under consideration is whether the assessee is entitled to claim exemption u/s 54F of the Income Tax Act in respect of investment made in the house property in USA?

GST: HC Set Aside Order of Provisional Attachment of Bank A/c & Directs to De-freeze

July 27, 2020 2208 Views 0 comment Print

The HC held that the impugned provisional attachment of the Petitioner’s bank account was in vogue till 27.05.2020. The communication/order dated 28.05.2019 ceased to operate with the effect from 27.05.2020. Respondent Nos.1 and 2 were directed to de- freeze the Petitioners’ bank account.

RBI Responsible for Monitoring Compliance of Loan Moratorium Circular: HC

July 8, 2020 2712 Views 0 comment Print

The contentions of the RBI that the dispute is between the Petitioner and Respondents is not acceptable since the dispute arises out of the implementation or not of a Circular issued by the RBI. RBI is therefore directed to monitor the implementation of the Circular, including verification of whether there are Board-approved policies formulated by each of the lenders

Amendment in Section 40(a)(ia) vide Finance Act, 2010 are retrospective

June 29, 2020 1125 Views 0 comment Print

A.Y. Garment International Private Ltd. Vs DCIT (Karnatka High Court) Whether the Tribunal was justified in law in holding that the amendment made by Finance Act, 2010 in the provisions of Section 40(a)(ia) of the Income-tax Act, 1961 is not retrospective in operation on the facts and circumstances of the case? The issue whether the […]

Transfer of land held as stock on HUF partition not amounts to conversion into Capital Asset

June 25, 2020 2082 Views 0 comment Print

The issue under consideration is whether land held as stock, transferred upon HUF – partition, tantamount to conversion into capital asset for the purpose of imposing a capital gain tax?

HC allows Petitioner to file application seeking revocation of cancellation of GST registration

June 24, 2020 930 Views 0 comment Print

M. S. Retail Private Limited Vs Union of India (Karnataka High Court) Petitioner has presented this writ petition with a prayer inter alia to quash the order of ‘cancellation of registration’ dated 06.06.2020 passed by Assistant Commissioner of Commercial Taxes, Bangaluru. Learned AGA submitted that under Section 30 of the Central Goods and Services Act, […]

Mere provision for bad debt not entitled to deduction U/s. 36(1)(vii)

June 19, 2020 3744 Views 0 comment Print

Hajee A. P. Bava & Company Vs ACIT (Karnataka High Court) After 01.04.1989 it is not necessary for the assessee to establish the fact that the debt in fact had become irrecoverable and it is sufficient if the bad debt is written off as irrecoverable in the books of accounts of the assessee. In the […]

GST: HC cannot be made middle authority between Tax & Appellate Authority

June 18, 2020 1752 Views 0 comment Print

L&T Hydrocarbon Engineering Limited Vs State of Karnataka (Karnataka High Court) Learned Additional Government Advocate Sri.Vikram Huilgol for respondent No.2 submits that the appeal under Section 107 of Central Goods and Services Tax Act, 2017 are to be filed before the appellate authority. As such the petitioner cannot be so hurry and invoke writ remedy […]

Multiple independent residential units in same building can be treated as one residential unit for section 54F Exemption

June 18, 2020 7149 Views 4 comments Print

Multiple independent residential units in same building can be treated as one residential unit for section 54F Exemption and usage of the property has to be considered in determining whether it is a residential property or a commercial property 

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