Mahasabha firm on Veerashaiva-Lingayat dharma

Bengaluru, Jun 26: Karnataka's Commercial Taxes Department has sealed off an undeclared warehouse with imported goods worth Rs 4 crore in Bengaluru and found 60 GST registrations linked to a Chinese national from Wuhan.

The tax department officials found 25,446 China-made electronic and fast-moving consumer goods worth Rs 4 crore stored in the warehouse which was not declared to the tax authorities.

Commissioner of Commercial Taxes MS Srikar said in a statement that the officers noticed that one person from Wuhan City, China, got the premises in Bengaluru on lease.

They also found that about 60 registrations (both central and state jurisdictions) under the GST Act, in the name of a number of persons for online trading of imported China-made goods, had a single address which was vacant.

Most of the registrations were found irregular in the filing of returns and payment of tax. Majority of the firms either filed nil returns or were non-filers. The registration data showed that one business was registered in 2017-18, 43 in 2018-19, 14 in 2019-20 and two in 2020-21. Most of the 60 firms were private limited companies and 24 persons were interchangeably directors in 58 firms.

At the time of raid, neither the lessee, the Chinese national, nor any of the other 59 registered taxable persons were available at the business premises and no one came forward to participate in the proceedings in spite of providing sufficient time.

It is learnt that the Chinese national is operating the business from Wuhan City since January 2020 with the assistance of some of his agents/employees in Bengaluru.

It has also been learnt that multiple registrations are being taken for a better rating on e-commerce platforms, Srikar said.

The raids were led by Nitesh K Patil, Additional Commissioner, Enforcement, South Zone.
The Commercial Taxes Department is closely watching the genuineness of newly registered persons and conducting post-registration verification visits.

Any registration taken with mala fide intention of evading taxes will be dealt with seriously, the Commissioner said. 

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Bengaluru, Feb 4: Taking the state government to task, the Karnataka High Court on Monday opined there was a need to rehabilitate or compensate migrant workers whose homes in Tubarahalli and Kundalahalli were demolished by a BBMP engineer last month.

On January 19, the Bruhat Bengaluru Mahanagara Palike (BBMP) assistant executive engineer at Marathahalli had taken up a demolition drive stating that the migrant workers residing in the area were “illegal Bangladeshis”.

A division bench led by Chief Justice Abhay S Oka was hearing a petition by the People’s Union for Civil Liberties which contended that the evacuation of the workers was illegal. Stressing the need for relief, the court directed the state government to come clean on its stance and adjourned the hearing to February 10.

Advocate General Prabhuling K Navadgi submitted that the Union government had issued a circular last year to ascertain the presence of illegal Bangaladesh migrants. “On the basis of this circular, the BBMP officials had written a letter to Marathahalli police sub-inspector on January 18. Based on this letter, the residents in huts were evicted in a civilised manner,” he stated.

The bench, however, differed with the submission. “Who identified them as Bangladeshis before the eviction? Which is the competent authority to do so? Which police officer took up the inquiry?” the bench questioned.

The court also asked whether the government would take up similar eviction drives against illegal buildings of the rich. It also expressed displeasure over the action taken against the BBMP engineer.

“Instead of sending him home, you say you have transferred him. We can’t be mute spectators,” the bench said.

The court did not mince words as it castigated the authorities for failing to act judiciously. “The police and the BBMP are blaming each other. Your action appears to be dangerous. Going by the state of things, it seems that everything is not in order,” it said.