Karnataka High Court Judgments — 2021

The appellant sought to withdraw the appeal because they had opted for the Direct Tax Vivad Se Vishwas Act, 2020, and had received a certificate under the scheme. The Court permitted the withdrawal.

The High Court permitted the appellant to withdraw the appeal. The appeal is dismissed as withdrawn with liberty to revive if the dispute is not settled under the Vivad Se Vishwas scheme.

The Tribunal held that as long as the housing projects are approved by the local authority and are on a plot of land with a minimum area of one acre, the assessee is entitled to deduction under Section 80IB(10), irrespective of the number of projects on that plot.

The High Court held that technical know-how is distinct from goodwill and its sale does not attract capital gains tax under Section 45. The non-competition fee was also held not to be taxable as revenue receipt. Interest under Section 220(2) was to be recomputed without charging interest on interest.

The High Court noted the Revenue's submission that the Tribunal had dismissed both the Revenue's appeal and the assessee's cross-objections. Consequently, the Court dismissed the appeal without answering the substantial question of law.

The High Court held that share premium cannot be part of 'Capital Employed' for Section 35D deduction, and cost of acquisition of companies is not an asset for such deduction. It also held that Section 35D was disturbed in subsequent years as per law.

The Tribunal held that share premium is not part of 'Capital Employed' for Section 35D deduction and cost of acquisition of companies is not an asset for such deduction. It also held that Section 35D was disturbed in subsequent years as per law. However, telecommunication expenses are to be excluded from export turnover for Section 10AA deduction.

The High Court held that the Commissioner's revisionary powers under Section 263 were validly exercised. It further ruled that share premium collected on the issue of share capital and the cost of acquiring companies (by purchasing subsidiary shares) cannot be considered as part of 'Capital Employed' for deduction under Section 35D, as these do not fall within the definition of fixed assets as specified in the Act.

The Tribunal held that Foreign Currency Convertible Bonds (FCCBs) are debt instruments and should be considered part of 'capital employed' for Section 35D deduction. It also ruled that foreign exchange gains/losses on FCCBs are on capital account and not taxable.

The High Court held that share premium and cost of acquisition of companies cannot be part of 'Capital Employed' for Section 35D deduction. It also held that telecommunication and insurance charges should not be excluded from export turnover under Section 10AA.

The High Court held that the substantial question of law was answered against the Revenue and in favour of the assessee. This was based on previous orders of the High Court in related appeals.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The High Court held that a concluded assessment cannot be disturbed under Section 153A proceedings unless incriminating material unearthed during the search establishes that the finalized assessment is contrary to such material. Detection of incriminating material is a prerequisite for disturbing a concluded assessment.

The Tribunal held that the petitioner failed to discharge the burden of proving his ownership of the land as distinct from the Waqf property. The existence of a Gazette notification declaring the entire Sy.No.218 as Waqf property, which was not challenged, was a crucial factor.

The High Court held that the factual aspect of whether the Rs. 1,225 Crores paid by BMRCL included service charges and constituted income in the hands of KIADB requires re-examination. The matter was remanded to the Tribunal for reconsideration.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.

The High Court directed the formation of a committee to examine claims for deletion of acquired lands based on specific criteria, including prior conversion, layout formation, and construction. The BDA is to act on the committee's reports.