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Karnataka High Court

Section 56(2)(vii)(c) not applicable to Receipt of bonus shares

December 15, 2020 5070 Views 0 comment Print

PCIT Vs Dr. Ranjan Pai (Karnataka High Court) The issue which arises for consideration in this appeal is ‘as to whether the fair market value of bonus shares computed as per Rule 11U and Rule 11U A of the Income Tax Rules can be considered as income from other sources as per Section 56(2)(vii) of […]

No Section 56(2)(vii) addition for receipt of Bonus Share

December 15, 2020 1527 Views 0 comment Print

PCIT Vs Dr. Ranjan Pai (Karnataka High Court) The issue which arises for consideration in this appeal is ‘as to whether the fair market value of bonus shares computed as per Rule 11U and Rule 11U A of the Income Tax Rules can be considered as income from other sources as per Section 56(2)(vii) of […]

HC rejects ex-minister’s plea in money-laundering case against prosecution & Attachment of Property

December 14, 2020 2130 Views 0 comment Print

Katta Subramaniam Naidu Vs Deputy Director (Karnataka High Court) In this batch of petitions, petitioners have questioned the correctness and legality of the proceedings initiated against them under sections 3, 4 and 8(5) of the Prevention of Money Laundering Act, 2002 (for short ‘PML Act’). 2. The common grievance of the petitioners is that they […]

Bad debts for unrecoverable unforeseen Additional costs allowable

December 14, 2020 765 Views 0 comment Print

Big Bags International (P) Ltd. Vs DCIT (Karnataka High Court) The assessee had exported bags to foreign customers in the past and had incurred unforeseen additional costs on certain imported raw material. In order to recover the additional costs incurred, the assessee had raised debit notes on the foreign customers and credited the amount due […]

Person not charged of a predicate offence also come within the sweep of PML Act

December 11, 2020 5862 Views 0 comment Print

Dyani Antony Paul Vs Union Of India (Karnataka High Court) The main object of PML Act is to ascertain the proceeds of crime which involved in money laundering and attachment, confirmation and confiscation of the proceeds of crime in the form of properties and also to punish the offenders of money laundering. The date of […]

AO not recorded satisfaction- Section 14A disallowance invalid

December 9, 2020 1422 Views 0 comment Print

Where AO did not record any satisfaction with regard to genuineness of the claim of the assessee before invoking the powers under section 14A read with rule 8D, disallowance was invalid because recording of satisfaction by AO is sine qua non for invocation of power under section 14A read with rule 8D

Rule 86A Department cannot block ITC for more than one year

November 27, 2020 2739 Views 0 comment Print

HC has quashed a notice and blocking of input tax credit under rule 86A whereby the credit was blocked for more than one year. Rule 86A does not empower the department to block the credit for more than one year and they are bound to unblock it even if the assessment has not taken place or got completed within one year.

Validity of Unloading of goods after expiry of E-way bill which reached destination before expiry of E-way Bill

November 20, 2020 4704 Views 0 comment Print

The dispute in the present case lies within a narrow compass. It is undisputed that the petitioner ensured transportation of the vehicles under appropriate e-way bills that were valid from 31.12.2018 at 10.37 pm to 1.1.2019. The petitioner contends that the conveyance carrying the vehicles reached the place of destination on 1.1.2019 before the expiry of the validity of the e-way bills but the vehicles could not be unloaded on the same day and were being unloaded on 2.1.2019.

Royalty paid for Licence to Manufacturing/Sale & Technical Know-How having enduring benefit is Capital Expense

November 20, 2020 3414 Views 0 comment Print

Telco Construction Co. Ltd. Vs ACIT (Karnataka High Court)  Thus, from perusal of the relevant clauses of the agreement, it is clear that the assessee is a joint venture company and under the agreement has been granted non transferable licence to manufacture / assemble the Hitachi licence products within the territory using technical know-how furnished […]

Interest accrued on NPA not taxable in computation of Taxable Income of Bank

November 13, 2020 4239 Views 0 comment Print

The issue under consideration is whether Tribunal is right in deleting the interest accrued on non performing assets from the computation of taxable income for the assessment year under consideration despite the assessee maintaining mercantile system of accounting?

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