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Tag: Karnataka HC

High Court

M/s. Orient Traders Vs. 1. The Deputy Commissioner of Commercial Taxes 2. Joint Commissioner of Commercial Taxes

byadmin08/02/202308/02/2023

IN THE HIGH COURT OF KARNATAKA, BENGALURU Order dated : 16.12.2022 Petitioner M/S ORIENT TRADERSNO.163, SP ROAD, CITY MARKET,BENGALURU-560 002.REPRESENTED BY ITS PROPRIETOR,ILYAS NISARALI ADENWALA. Respondents 1. THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES(AUDIT)-3, 4, DGSTO-3,ROOM NO.225, BMTC BUILDING,2nd ND FLOOR,…

GST ArticleHigh Court

No GST on issuance of Prepaid Payment Instrument vouchers

byCA Bimal Jain05/02/202305/02/2023

The Hon’ble Karnataka High Court in M/s Premier Sales Promotion Pvt Limited v. Union of India [Writ Petition No. 5569 of 2022 (T-RES) dated January 16, 2023] has set aside and quashed the order passed by AAAR, Karnataka, which upheld the…

GST ArticleHigh Court

GST authorities must avoid a blinkered view while adjudicating/ assessing the tax liability of the taxpayer

byCA Bimal Jain24/01/202324/01/2023

The Hon’ble Karnataka High Court in M/s. Orient Traders v. the Deputy Commissioner of Commercial Taxes (Audit) [Writ Petition No. 2911 of 2022 (T-RES) dated December 16, 2022] has permitted the assessee to make the necessary changes to its Form…

GST ArticleHigh Court

Borrower cannot escape from prosecution and criminal liability for the dishonour of cheque

byCA Bimal Jain21/01/202321/01/2023

The Hon’ble Karnataka High Court in Sri Karibasappa v. Sri Mallikarjun [Criminal Appeal No. 200106/2020, dated December 16, 2022] set aside the acquittal order passed by the Trial Court and sentenced the accused to pay a fine of INR 2,00,000/-…

GST ArticleHigh Court

Assessee allowed to rectify the bonafide errors committed in filing of Forms and GST Returns for FY 2017-2020

byCA Bimal Jain14/01/202314/01/2023

The Hon’ble Karnataka High Court in M/s. Wipro Limited India v. the Assistant Commissioner of Central Taxes and Ors. [Writ Petition No. 16175 of 2022 (T-Res) dated January 6, 2023] has allowed the assessee to rectify the errors committed at…

GST ArticlePre-GST

Failure to discharge statutory duty/obligation by the refund sanctioning authority would be entitled to interest

byCA Bimal Jain28/12/202228/12/2022

The Hon’ble Karnataka High Court in M/s. Al Tisource Business Solutions Pvt. Ltd. v. Deputy Commissioner of Central Tax, GST Commissionerate, Bengaluru [Writ Petition No.459 of 2022 (T-RES), dated November 10, 2022] set aside the order passed by the Deputy…

GST in Media

Karnataka HC sets aside I-T seizure order of Rs 3,700 crore against Xiaomi

byAdmin23/12/202223/12/2022

In a major relief to Xiaomi Technology India Pvt Ltd, the Karnataka High Court has set aside Income Tax’s seizure order of Rs 3,700 crore of the company’s fixed deposits. Justice S R Krishna Kumar in his judgment on December…

GST ArticleHigh Court

Cancelled GST Registration as a result of Non Filing of GST Returns due to sudden demise of Auditor to be Restored

byCA Bimal Jain20/11/202220/11/2022

The Hon’ble Karnataka High Court in the case of Sri Kolapudi Enoch Washington v. The Additional Commissioner (GST and Central Tax), [Writ Petition No. 21269/2022 (T-RES)] directed the Goods and Services Tax (“GST”) Department to restore the cancelled GST registration…

High Court

An Appeal u/s 107 of CGST Act against cancellation of GST registration cannot be denied solely because remedy u/s 30 of CGST Act was not exercised by the assessee

byCA Bimal Jain06/11/202206/11/2022

The Hon’ble Karnataka High Court in M/s Shailaja Chandrashekar v. Additional Commissioner of Central Tax (Appeals), [Writ Petition No. 17778/ 2022 (T-RES) dated October 13, 2022] held that an Appeal under Section 107 of the Central Goods and Services Tax Act,…

GST in MediaHigh Court

Both GST and Excise duty can be imposed on tobacco: Karnataka HC

byAdmin06/10/202206/10/2022

The Karnataka High Court has ruled that the Union government is entitled to levy Central GST (CGST) as well as excise duty on tobacco and tobacco-derived products. It dismissed a bunch of petitions by tobacco manufacturers who had challenged the…

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