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Karnataka High Court

Wife liable to reply Notice issued U/s. 133(6) to deceased Husband

January 2, 2018 11913 Views 1 comment Print

Mrs. S. Savithri Vs. ITO (Karnataka High Court) The Noticee even if deceased, the Legal Representatives or the persons who inherit the estate of the deceased persons will have to comply with the said Notice for furnishing the requisite information. The very purpose of the provisions of Section 133 (6) of the Act is to […]

Reassessment cannot be made to disallow deduction allowed in Original Assessment

January 2, 2018 1524 Views 0 comment Print

The powers of reassessment u/S.147/148 of the Act have to be invoked with great amount of circumspection and the relevant material on record, on the basis of which, a “reasonable opinion” can be framed in contrast with a mere change of opinion for initiating the reassessment proceedings.

No Interim Relief to Google: HC directs ITAT for expeditious disposal of appeal

November 22, 2017 1104 Views 0 comment Print

In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with the Tribunal.

HC on allowability of deduction U/s. 10A / 10B on Interest Income

October 30, 2017 4380 Views 0 comment Print

CIT Vs. Hewlett Packard Global Soft Ltd (Karnataka High Court) (Full Bench) HC held that assessee was entitled to 100% exemption or deduction under Section 10-A of the Act in respect of the interest income earned by it on the deposits made by it with the Banks in the ordinary course of its business and […]

Exemption U/s. 10A / 10B can be claimed on incidental income from export of goods

October 30, 2017 4164 Views 0 comment Print

Profits of the business of the Undertaking for the purposes of Section 10-A/ 10-B includes the Profits and Gains from export of the articles as well as all other incidental incomes

CA can be tried under Prevention of Corruption Act for offering bribe to ITO

September 13, 2017 3486 Views 0 comment Print

CA accused of offering a bribe to ITO for performing an official act can be tried U/s. 7 and 13 (1)(d) of Prevention of Corruption Act and section 120-B of the IPC. The fact that the CA is not a public servant is irrelevant.

GST rate applicable on scrap buses put to auction; HC dismisses petition

September 13, 2017 5607 Views 0 comment Print

M/s. M.J.S. Enterprises & Ors vs. The Controller of Stores & Purchase & Ors. (Karnataka High Court) HC held that it would be premature for the Court to decide such academic questions at this stage, when the very foundation of such a dispute itself is not even available for the Court to decide. It is […]

Interest on donation with specific direction to form part of corpus of trust will be exempt U/s. 11 d with specific direction o form part of corpus of trust will be exempt U/s. 11

August 22, 2017 2124 Views 0 comment Print

CIT Vs Mata Amrithanandamayi Math (Karala High Court) A reading of section 11 shows that subject to the provisions of sections 62 and 63, the incomes enumerated therein shall not be included in the total income of the previous year of the person in receipt of the income. The person in receipt of the income, […]

4% KVAT applicable on Iron and Steel used in construction of building

March 21, 2017 3984 Views 0 comment Print

Iron and Steel purchased by the respondent – assessee and used in the execution of the civil works contracts of the construction of the buildings, remains Iron and Steel as declared goods under the provisions of Section 14 of the Central Sales Tax Act, 1956 and therefore are taxable only at the concessional rate of 4% and not at 13% rate of tax.

PML Act, 2002 Provisions cannot be invoked Retrospectively

March 13, 2017 2343 Views 0 comment Print

By consent of the learned advocates appearing for the parties, all these writ petitions are taken up for hearing together, as similar questions of law are involved in these writ petitions, in order to avoid a conflicting judicial opinion. We are also informed that facts are, almost, identical.

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