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Supreme Court Allows State's Appeal in Sales Tax Reimbursement Dispute — Clarifies That Sales Tax on Works Contracts Is Levied on Goods Component, Not on Completed Items of Work. Clause 45.2 of GCC Does Not Apply When Tax Is on Transfer of Property in Goods Involved in Works Contract.

The Supreme Court allowed the appeal filed by the State of Orissa against the judgment of the Orissa High Court. The dispute arose from works contract...

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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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Karnataka High Court Dismisses Writ Petition Challenging Municipal Advertisement Tax Under Section 134, KMC Act, 1976. Holds That GST Does Not Bar Levy as Advertisement Tax Is a Fee for License, Distinct From Tax on Services.

A registered association of advertising agencies and its members, engaged in the business of advertisement on hoardings licensed by the Hubballi Dharw...

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Karnataka High Court Dharwad Bench Hears Revenue Appeal Against ITAT Order Deleting Penalty Under Section 271(1)(c) for Assessment Year 2006-07 Due to Defective Notice; Questions Validity of Penalty Initiation Despite Retrospective Amendment to Section 271(1B)

The appeal before the High Court of Karnataka, Dharwad Bench, arose from the order of the Income Tax Appellate Tribunal, Bengaluru, which had allowed ...

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Bombay High Court Quashes Transfer of NRI Assessee's Case Under Section 127 of Income Tax Act, 1961 Due to Violation of Natural Justice. Show-Cause Notice Not Served and Reply Not Considered Before Centralization of Case from Mumbai to Delhi.

The petitioner, Rajiv Saxena, a Non-Resident Indian living in Dubai since 1992, filed a writ petition under Article 226 of the Constitution of India c...

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Supreme Court Dismisses Revenue’s Appeal, Holding Compensation for Partial Termination of Agency is Capital Receipt. Termination of Agency for Territory Outside Hyderabad State Results in Sterilisation of Capital Asset, Not Taxable as Business Income Under Indian Income-tax Act, 1922.

The dispute arose from the income tax assessment of Messrs. Vazir Sultan & Sons, a registered firm, for the assessment year 1951-52. The firm was appo...

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Writ Appeals Filed by Tea and Coffee Plantation Companies Against Denial of Input Tax Credit on Cultivation Inputs under Karnataka Value Added Tax Act, 2003. Issue: Whether Cultivation Inputs Eligible for Tax Credit Under Section 10(2) Read with Section 2(6) and 2(19) of the Act.

The appeals arose from reassessment orders passed under the Karnataka Value Added Tax Act, 2003, denying input tax credit to tea and coffee plantation...

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Bombay High Court Allows Transfer of Vehicle Ownership in Favor of Auction Purchaser Despite Pending Tax Dues. Held that the transferee cannot be saddled with prior tax liabilities of the transferor under Section 50 of the Motor Vehicles Act, 1988.

The petitioner, Raman Roadways Private Limited, a private limited company engaged in transportation business, filed a writ petition under Article 226 ...