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Search Results for "penalty assessment"

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High Court

Bombay High Court Quashes GST Provisional Attachment Order for Violation of Natural Justice. Attachment of Bank Accounts and Property Without Prior Hearing Held Invalid Under Section 79(1)(c) of CGST Act, 2017.

26 Mar 2026

The petitioner, Navin Vishwanathan, proprietor of M/s. Oriental Facility, filed a writ petition under Articles 226 and 300A of the Constitution of Ind...

High Court

High Court of Karnataka Quashes Show Cause Notice in GST Case for Lack of Jurisdiction and Violation of Natural Justice. Show Cause Notice Issued by Additional Commissioner Without Proper Authorization and Without Providing Relevant Documents Set Aside.

28 Nov 2024

The petitioner, M/s. Vigneshwara Transport Company, a proprietor engaged in transportation of goods and registered under the Central Goods and Service...

High Court

High Court of Karnataka Quashes Dismissal of Employee for Unauthorized Absence in Hindustan Aeronautics Limited — Procedural Violation Found as Enquiry Officer Failed to Consider Medical Certificates and Conducted Ex Parte Proceedings Without Proper Justification. The court held that disciplinary proceedings must comply with principles of natural justice and that medical certificates cannot be ignored in cases of absence.

18 Feb 2021

The petitioner, Sri C. Ramesh, was employed as an Engineer Grade II in the Research and Design Division of Hindustan Aeronautics Limited (HAL) in Beng...

High Court

High Court of Karnataka Quashes Penalty Order in Stamp Duty Dispute — Agreement of Sale Not Liable to Stamp Duty as Conveyance. Court held that an agreement of sale does not require stamp duty as a conveyance under Article 5(e) of the Karnataka Stamp Act, 1957, and impounding with penalty was improper.

5 Jul 2018

The petitioner, Mr. R. Mahendra Kumar Shah, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 25.11.2015...

High Court

High Court of Karnataka Allows Revenue's Appeal in KVAT Penalty Case — Kara Samadhana Scheme Application Not Maintainable After Penalty Order. Belated return filing under KVAT Act attracts penalty under Section 72(1) read with Section 36(2), and application under Kara Samadhana Scheme cannot be filed after penalty order is passed.

2 Mar 2018

The Revenue (State of Karnataka and its officers) filed a writ appeal challenging an order of a Single Judge dated 31.05.2017 in Writ Petition No.2193...

High Court

High Court of Karnataka Allows Appeal in Income Tax Case Due to Non-Application of Mind by ITAT — Reassessment Based on Revised Return Under Immunity Scheme Held Invalid Without Proper Examination of Section 143(1) Acceptance. The court held that the Assessing Officer must have independent reasons to believe income escaped assessment, and the revised return under the Immunity Scheme could not be the sole basis for reopening under Section 147 of the Income Tax Act, 1961.

20 Apr 2015

The case pertains to an appeal filed by the assessee, Sri K Nagesh, against the order of the Income Tax Appellate Tribunal (ITAT), Bangalore, dated 29...

High Court

Karnataka High Court Allows Revision Petition in VAT Penalty Case — Revised Return Voluntarily Filed Before Notice Valid Under KVAT Act. Penalty under Section 72(2) of the Karnataka Value Added Tax Act, 2003 cannot be imposed when revised return was filed voluntarily before any notice of assessment or penalty.

16 Apr 2015

The revision petitioner, M/s Indus Towers Limited, is engaged in providing passive infrastructure telecom services and is registered under the Karnata...

High Court

Bombay High Court Allows Writ Petition Against Rejection of Nil Withholding Certificate Under Section 195(3) of Income Tax Act — Past Tax Demands Not Valid Ground for Refusal. The court held that past tax demands for earlier assessment years cannot be a valid reason to reject an application under Section 195(3) for a subsequent year, as the provision is meant to determine the appropriate proportion of tax to be deducted at source on current payments.

13 Apr 2010

The petitioner, Mckinsey & Company Inc., a non-resident company incorporated in the USA with branches in India, filed an application under Section 195...

High Court

Bombay High Court Upholds Tax Liability on Sale of Discarded Materials by BEST Undertaking Under Bombay Sales Tax Act, 1959. Court holds that sale of scrap from non-dealer activity is taxable under section 22(5A) and that appeal under section 55(6)(c) is maintainable only on questions of law.

12 Apr 2005

The case involves two references under Section 61 of the Bombay Sales Tax Act, 1959, arising from a common order of the Maharashtra Sales Tax Tribunal...

High Court

Bombay High Court Allows Writ Petitions Challenging Electricity Theft Assessment Orders — Lack of Proper Hearing and Violation of Natural Justice. Assessment under Section 126 of Electricity Act, 2003 set aside due to failure to provide adequate opportunity to the consumer.

30 Nov -0001

The petitioners, Maharashtra State Electricity Distribution Company Ltd., filed two writ petitions challenging assessment orders passed by the Superin...

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