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    <title>2026 (6) TMI 1301 - KARNATAKA HIGH COURT</title>
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    <description>Maintenance of a minimum average balance by bank customers was treated as a contractual condition, not consideration for free or concessional banking facilities. The text states that a taxable service or supply requires an express or implied agreement and a direct quid pro quo; mere retention of funds in the account, without a separate fee for the facilities, did not satisfy that nexus. Non-compliance attracted only a penal charge, which had already suffered tax. On alternative remedy, the challenge was described as raising a pure jurisdictional question, so writ jurisdiction was not barred. The show cause notices and consequential proceedings were therefore said to be without jurisdiction and contrary to the statutory scheme and binding circulars.</description>
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      <description>Maintenance of a minimum average balance by bank customers was treated as a contractual condition, not consideration for free or concessional banking facilities. The text states that a taxable service or supply requires an express or implied agreement and a direct quid pro quo; mere retention of funds in the account, without a separate fee for the facilities, did not satisfy that nexus. Non-compliance attracted only a penal charge, which had already suffered tax. On alternative remedy, the challenge was described as raising a pure jurisdictional question, so writ jurisdiction was not barred. The show cause notices and consequential proceedings were therefore said to be without jurisdiction and contrary to the statutory scheme and binding circulars.</description>
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