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The Karnataka High Court, specifically the Dharwad Bench, has overturned a GST demand order that exceeded Rs 7.23 crore. The court found that the tax department did not follow the necessary procedure of giving a personal hearing to the affected party before issuing an unfavourable decision. The bench of Justice Lalitha Kanneganti said that Section […]
Reaffirming the doctrine of corporate separateness and the need for strict adherence to procedural safeguards under GST law, the Karnataka High Court set aside a coercive recovery action initiated against a third-party company that was not the defaulting assessee. The Court held that the GST Department cannot recover the tax dues of one company from […]
The Karnataka High Court has cancelled a GST (Goods and Services Tax) demand order. This decision came after it was found that tax officials mistakenly combined several different tax periods into one single notice, which is not allowed under the law. The bench of Justice S.R. Krishna Kumar has stated that any proceedings commenced pursuant […]
The Karnataka High Court held that marketing and technical support services provided by the taxpayer to its foreign parent are entitled to be treated as an export of services under the IGST Act (Integrated Goods and Services Tax) and do not constitute intermediary services. Justice S.R. Krishna Kumar said that the place of supply of […]
The Karnataka High Court in Hindustan Construction Company Ltd. v. Union of India, decided in Writ Petition No. 22377 of 2022, analysed whether bona fide errors committed by the taxpayer at the time of filing GSTR-3B returns can explain the initiation of the proceedings u/s 73 of the CGST/KGST Act. The case was heard and […]
The Karnataka High Court has annulled a Goods and Services Tax (GST) appellate order issued against an education services company, directing the tax authorities to process a refund exceeding Rs 3.91 crore, which includes applicable interest. The court determined that the services provided by the company do not qualify as those of an “intermediary” under […]
The Karnataka High Court has condoned the delay concerning a 60‑year‑old farmer’s application asking for a refund of tax deducted at source (TDS), holding that an incorrect TDS paid under the Income Tax Act due to ignorance of earlier deduction by the Karnataka Mineral Development Corporation (KMDC) cannot be retained by the Revenue. Murigeppa Kashappa […]
The Karnataka High Court has cancelled a GST demand order that was issued without the real estate developer from Mangaluru being present. This decision helps the developer by overturning the order that ordered them to pay a tax amount. The court held that the same officer could not issue audit observations and adjudicate GST show-cause […]
The High Court of Karnataka has overturned a decision made by the Commercial Tax Department regarding Goods and Services Tax (GST). The court stated that the authority responsible for reviewing decisions cannot take action without first following the required procedures for GST assessments. A writ petition contesting a revision order issued via the Joint Commissioner […]
