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Karnataka High Court

Wrongful Availment of ITC – Anticipatory Bail granted on bond of Rs.10 lacs

June 11, 2020 1791 Views 0 comment Print

The issue under consideration is that the petitioner filed writ petition for seeking grant of anticipatory bail, whether HC allow him the grant or not?

Non-compete fees paid to employee is part of salary & hence Not Taxable in India as per DTAA

June 10, 2020 3771 Views 0 comment Print

The issue under consideration is whether the amount paid to the employees under the non-compete agreement is covered by the expression ‘salary/profits in lieu of salary’ or not? and If not then whether the TDS will be applicable or not?

Exemption u/s 10 & 11 cannot be granted merely based on section 12AA Registration

June 4, 2020 1437 Views 0 comment Print

The issue under consideration is whether the Income Tax benefit under section 10 and 11 will be granted on the basis of registration under section 12AA?

Book profit | Section 10A deduction | HC refers matter back to ITAT

June 4, 2020 1230 Views 0 comment Print

The tribunal has held that net profits have to be determined as per the provisions of the companies Act and thereafter, the adjustments have to be made. It has further been held that the assessee cannot adjust the books of profit except as provided under the companies Act.

State Govt should take care of all categories of migrant workers: HC

May 8, 2020 861 Views 0 comment Print

Mohammed Arif Jameel Vs Union of India (Karnataka High Court) If there are complaints received by the State that some contractors or employers are confining the migrant workers to their shelters and are not permitting them to go to their respective home States, the State Government will have to attend to such complaints and will […]

Rent income from mall- Income from business or house property?

May 5, 2020 4857 Views 0 comment Print

The issue under consideration is whether tribunal was correct in holding rental income received from Forum Mall should be considered as ‘Income from business’ and not ‘Income from house property’, though agreement between landlord and tenant contemplating relationship of landlord and tenant and as such it would partake character of rental income?

CENVAT Credit Refund must be claimed within one year from date specified in Section 11-B

May 5, 2020 6372 Views 0 comment Print

In other words, time limit has to be computed from the last date of the last month of the quarter which would be the relevant date for the purposes of examining if the claim is filed within the limitation prescribed under Section 11-B or otherwise.

C-Form benefits cannot be rejected merely for belatedly filing

March 11, 2020 4452 Views 0 comment Print

TATA Hitachi Construction Machinery Company Pvt. Ltd. Vs State of Karnataka (Karnataka High Court) The issue under consideration is whether Tribunal was correct in rejecting the C-Forms submitted by the petitioner and hence denying statutory benefits? The Appellate Tribunal at the threshold has rejected the declaration forms on the ground of delay. It is well […]

No Service Tax on Clubs/Associations incorporated before 1.7.2012

March 4, 2020 1437 Views 0 comment Print

Commissioner of Service Tax Vs Sobha Developers Ltd (Karnataka High Court) The issue under consideration is whether the principle of mutuality is applicable to services provided by the club to its members and does not amount to rendition of service from one person to another and would not be considered as taxable service for the […]

Principles of natural justice must be complied with before demanding GST interest

March 3, 2020 2988 Views 0 comment Print

Before penalizing the assessee by making him pay interest, the principles of natural justice ought to be complied with before making a demand for interest under sub section (1) of Section 50 of the GST Act. Consequence of demanding interest and non-payment thereof is very drastic.

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