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Search Results Judgments > Phrase:karnataka value added tax act Section 60 -

Jan 09 2008

Imagic Creative Pvt. Ltd. Vs. The Commissioner of Commercial Taxes and ...

  • Decided on : 09-Jan-2008

Court : Supreme Court of India

Reported in : 2008(56)BLJR1038; 2008(1)CTC843; JT2008(1)SC496; 2008(1)SCALE356; (2008)2SCC614; 2008[9]STR337; [2008]12STT392; (2008)12VST371(SC)

... assessment before the assessing authority, an application under Section 60 of the Karnataka Value Added Tax Act, 2003 was maintainable. The purpose for which such a proceeding is taken recourse to is well known. When a decision of a competent authority is not known and an entrepreneur intends to know as to what would be his liability under the taxing statute, such a proceeding is ordinarily taken recourse ... e. creation of concept), on which service tax had been paid under the Finance Act, 1994 as amended from time to time is liable to tax under the Karnataka Value Added Tax Act, 2003 (the Act) is the question involved in this appeal which arises out of a judgment and order dated 29.11.2006 passed by a Division Bench of the Karnataka High Court in STA No. 7 ... of accounting or the methodology adopted by the assessee for the purpose of payment of both service tax as also the value added tax attained finality at least for that year. 12. Be that as it may, as the order of the competent authority under Section 60 of the Act would be binding on the assessing authority, in future also, we may examine the merit of ... 31,850008%Service Tax on item 1 720001.5% Resale Tax on item 2-4 65100TOTAL53,77700RupeesFifty Three Thousand Seven Hundred Seventy Seven Only 5. They filed their returns both under the Finance Act, 1994 as also the Act. An order of assessment was passed by the Assessing Authority in terms of Section 12 of the Karnataka Sales Tax Act and Rule 3 of the Karnataka Sales Tax Rules, ...

Feb 24 2006

Stovekraft Pvt. Ltd. Vs. State of Karnataka

  • Decided on : 24-Feb-2006

Court : Karnataka

Reported in : ILR2006KAR3894

... Section 60 of the Karnataka Value Added Tax Act, 2003, holding the rate of tax leviable to stainless steel LPG stove is at 12.5 per cent, kerosene wick stove at 12.5 per cent and stainless steel vacuum flask at 12.5 per cent.2. The appellant is a dealer registered under the provisions of the Karnataka Value Added Tax Act, 2003 (for short, hereinafter referred to 'the KVAT Act ... Karnataka Value Added Tax Act, 2003 (for short, hereinafter referred to 'the KVAT Act'). It is engaged in the manufacture and sale of utensils like pressure cookers, stoves, tavas, flasks, etc. Under the Act the goods are subjected to tax under five different rates of tax under four separate Schedules and under Section 4(1)(b) of the KVAT, 2003. While the First Schedule deals with goods exempted from the tax ... tax. In this back ground we have to find out whether the word 'utensils' includes stove and flask.15. In the Schedule under the earlier entries the rate of tax was prescribed for steel articles, aluminum articles and other articles made of other metals as well as pressure cookers. In fact, in the Third Schedule prior to its substitution by the Karnataka Value Added Tax ... under section 60 of the KVAT Act, seeking an advance ruling on the applicability of rate of tax on the sale of stainless steel LPG stove, kerosene wick stove, aluminum non-stick cook-ware, stainless steel vacuum flask. Before the authority the appellant contended that in the absence of the definition of the word 'utensils' in the KVAT Act ...

Jan 24 2000

E.I.D. Parry (India) Limited And Vs. Assistant Commissioner Of

  • Decided on : 24-Jan-2000

Court : Sales Tax Tribunal (STT) - Tamil Nadu

Reported in : (2000)118STC436Tribunal

... seen that the amendment Act No. 37 of 1999 clearly retains ad valorem basis for levy of additional sales tax in respect of "sugarcane" under the Tamil Nadu Additional Sales Tax act, 1970, notwithstanding the specific levy under the Principal Act, Explanation II to Section 2 in the amending Act No.37 of 1999 reads as follows : "Explanation II.--Notwithstanding anything contained in the said Act, for the purpose ... levy tax prospectively or retrospectively is not controverted. It is a fact that purchase tax on sugar on weight basis is in vogue in the State of Karnataka, Uttar Pradesh, Maharashtra and Gujarat. In Ganga Sugar Corporation Ltd. v.State of Uttar Pradesh [1980] 45 STC 36, the Supreme Court has held that the levy of tax under the U.P. Sugarcane (Purchase Tax) Act, 1961 ... this value arrived at a purchase tax value of Rs. 58.40 and this was rounded off and a flat rate of Rs. 60 per tonne was fixed. While enacting the amending Act No. 27 of 1999 which was published in the Gazette on June 17, 1999, this Rs. 60 per tonne as purchase tax was adopted from April 1, 1997 onwards, The argument is that purchase tax ... to be achieved by the law." Even if the object of the law was for hassle free assessment, that was defeated by maintaining the valuation basis for additional sales tax.The Karnataka Sales Tax Act provides for levy under two grades of recovery as indicated below : (a) Rs. 65,00 per tonne when purchased by a manufacturer of sugar (including khandasari sugar) whose rate ...

Feb 18 1991

Diwaker Engineers Ltd. Vs. Inspecting Assistant

  • Decided on : 18-Feb-1991

Court : Income Tax Appellate Tribunal (ITAT) - Delhi

Reported in : (1991)37ITD197(Delhi)

... beyond the period of four years, prescribed under Section 34(3) of the Income-tax Act, 1922. It was held that the ITO has to make a prima facie case that provisions of Section 28(1)(c), which correspond to Section 271(1)(c) of the Income-tax Act, 1961, would be applicable. The Delhi Bench ... 544; and decision of Delhi Bench of the Punjab High Court in S. Kanwal Tej Singh v. ITO [1966] 60 TR 23. Reliance has also been placed on the decision of the Karnataka High Court in M.K.Srikanta Setty v. CIT [1986] 160 ITR 517.10. It was next contended ... value of stock- 33,51,895 (3351895) 6. The ITO, thus, observed that the particulars of stock, furnished by the assessee to the Department, were incorrect and that it was quite clear that the assessee has suppressed the stock to the extent of Rs. 17,17,819. As already stated above, this amount was added ... Section 34(3) of the Income-tax Act, 1922, only if the case fell within Section 28(1)(c). As the Tribunal had found that there was no concealment of income, the case would not fall within Section 28(1)(c), with the result that time for framing assessment would not get extended under Section ... Section 271 (1 )(c). In Ram Bilas Kedar Nath' s case (supra), the Allahabad High Court considered the question, whether, assessment could be framed beyond the period of four years, prescribed under Section 34(3) of the Income-tax Act, 1922. It was held that the ITO has to make a prima facie case that provisions of Section 28(1)(c), which correspond to Section ...

Jul 25 2003

Shri C. Raman Reddy Vs. Assistant Commissioner Of Income

  • Decided on : 25-Jul-2003

Court : Income Tax Appellate Tribunal (ITAT) - Bangalore

Reported in : (2004)268ITR49(Bang.)

... from 1.4.1985 to 5.12.1995. and challenges the order dt. 28.1.1997 of the Asst. Commissioner of Income Tax passed under section 158BC of the Income Tax Act, by adding various additions and disallowance, as erroneous. This appeal was filed by the assessee in his status as individual on 19.3. ... 48) (Kar.). Wherein the Karnataka High Court specifically dissented from a contrary Bombay High Court decision in Godavari Bai Saraf (Supra). hence, it was submitted that the decision of the Bombay High Court does not bind the Hon'ble Tribunal. Further, it also does not have any persuasive value. The Bombay High Court ... (Kar) R. Bharadwaj Vs. Chief Commissioner (Admn.) & Others 155 ITR 166 (SC) @ 174 Dr. Pratap Singh & Another Vs. Director of Enforcement & Ors. 207 ITR 55 (Kar) @ 60 TO 62 66B. 64 CD.65 Southern Hearblas Ltd. Vs. D.I.T.(Inv) followed by Delhi in H.C. 104 ITR 389 (P & H) Om ... under section 158BC of the Income Tax Act, 1961 is to be reckoned from the date on which the last of the prohibitory orders under section 132(3) was lifted drawing the last of the panchanamas OR/from the date of the first seizure effected by the Department under section 132(1) of the Income Tax Act. ... exercising his power under section 255(3) of the Act, to hear and adjudicate upon the following questions : "Whether the period of limitation for passing an order under section 158BC of the Income Tax Act, 1961 is to be reckoned from the date on which the last of the prohibitory orders under section 132(3) was ...

Jan 01 1970

1. MRS. KAILASH SUNEJA (C.W. NO. 5220 OF 1993 AND C.M. NO. 1988 OF 199 ...

  • Decided on : 01-Jan-1970

Court : Delhi

Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)

... of section 269C of the Income-tax Act, the competent authority must have reason to believe about the ulterior motive of the transferor of tax evasion or tax reduction or of the transferee about the concealment of income which he should disclose for tax purposes. This is an objective fact about the competent authority must be satisfied besides another objective that the fair market value ... [1994] 6 JTsc 544 .7. Shantistar Builders v. Narayan Khimalal Totame : AIR1990SC630 .8. Prabhakaran Nair v. State of Tamil Nadu : [1988]1SCR1 .9. Mohini Jain (Miss) v. State of Karnataka : [1992]3SCR658 .10. Vincent Panikurlangara v. Union of India : [1987]2SCR468 .11. Ramsharan Autyanuprasi v. Union of India : AIR1989SC549 .12. All India Imam Organization v. Union of India : [1993] ... ,284. The amount of Rs. 93,600 being the estimated salvage value of the subject property has to be further added. After addition of this amount, the total value of the subject property works out to Rs. 1,08,67,284 + 93,600 = 1,09,60,884 which is higher by 56.60 per cent. than the disclosed apparent consideration of Rs. 70, ... section 269C of the Income-tax Act, the competent authority must have reason to believe about the ulterior motive of the transferor of tax evasion or tax reduction or of the transferee about the concealment of income which he should disclose for tax purposes. This is an objective fact about which the competent authority must be satisfied besides another objective fact that the fair market value ...

Feb 19 1986

Income-Tax Officer Vs. Hindustan Petroleum Corpn. Ltd.

  • Decided on : 19-Feb-1986

Court : Income Tax Appellate Tribunal (ITAT) - Mumbai

Reported in : (1986)16ITD574(Mum.)

... representative, Shri Srivastava, cited before us the ruling of the Hon'ble Karnataka High Court in the case of N.G.E.F. Ltd. v. CIT [1985] 153 ITR 197 wherein their Lordships laid down that on a reading of Section 37 of the Act, after its amendment with effect from 1-4-1970 and Rule ... by Appendix I, Part I of Rule 5 of the Income-tax Rules, 1962 ('the Rules').4. The next grievance again common to all the years is against the direction of the Commissioner (Appeals) to add Rs. 21,42,815 to the written down value of the assets of Lube India Ltd. taken over by ... amalgamation. It is by now settled law as laid down by the Hon'ble Supreme Court in the case of CIT v. Shahzada Nand and Sons [1966] 60 ITR 392 that the meaning and intention of a statute must be collected from the plain and unambiguous expression used therein rather than from any notions, ... company, the opening stock, i.e., the stock of Caltex Oil Refining India Ltd. taken over would have been reduced in value by Rs. 10,25,480, which is the amount which has been added here.34. The learned departmental representative, Shri Srivastava, submitted to us that it was by now well settled by a ... (6) of Section 43 of the Act, which lays down that any allowance in respect of any depreciation carried forward under Section 32(2) shall be deemed to be depreciation actually allowed. He, therefore, submitted that there was no justification for this depreciation not being taken into consideration for working out the written down value of the ...

Dec 03 1999

Surendra M. Khandhar Vs. Assistant Commissioner Of

  • Decided on : 03-Dec-1999

Court : Income Tax Appellate Tribunal (ITAT) - Mumbai

... section 132(4) of the Income-tax Act or under other provisions of the Income-tax Act, it still cannot be regarded as an invalid statement without any evidentiary value. It is claimed that even if the seizure of the document Annexure A-3 is illegal inasmuch as there is no warrant under section ... section 234B, it is mentioned that the advance tax paid is less than 90% of the assessed tax and, therefore, the provisions of section 234B are attracted, and in this context reliance is placed upon the decision of the Punjab and Haryana High Court in the case of Sant Lal (supra) and that of the Karnataka ... section 69 of the Income-tax Act. The Assessing Officer also made a few other additions. He estimated the professional fees at Rs. 62,500 and disallowed an amount of Rs. 20,000 out of the expenses by way of salary and bonus claimed by the assessee. He also added an amount of Rs. 5,70,000 under the provisions of section ... Mehboobbani [1995] 214 ITR 15/81 Taxman 311 (Bom.).60. In the written submissions filed by the learned counsel for the assessee, which may be seen at pages 67 and 68 of APB (Volume-IV), the value of the additional evidence sought to be filed ... section 132(1), but we are of the view that this is only a typographical error and the evidentiary value of the statement cannot be detracted by such an error, specially in view of the provisions of section 292B of the Income-tax Act. The power exercised by a competent authority cannot be regarded as illegal simply because a wrong section ...

Feb 19 1986

Chief Secretary Vs. Sheriff

  • Decided on : 19-Feb-1986

Court : Karnataka

Reported in : ILR1986KAR1338

... appeal under Section 12 of the Karnataka Contract Carriages (Acquisition) Act, 1976 (for short 'the Act'), by the State of Karnataka (for short 'the State'), the sustain-ability of the award of the Mandya District Judge, who was appointed as an Arbitrator under the Act, determining the amount to be paid for a contract carriage acquired under the Act, has been ... 70.000/., by the Arbitrator after showing a deduction of Rs. 10,000/- out of Rs 80,000/- treating the sum of Rs. 10,000/-as the value of the petrol engine and other parts removed by the operator from the original vehicle and retained with him.12. No doubt, in the facts and ... carriage acquired, he has deducted a sum of Rs. 10.000/-which had been received by the operator and a sum of Rs. 7,374-20, the tax due to the State on the contract carriage. The balance amount is made payable to the operator together with interest at 6% per annum from the ... his taking an insurance policy respecting the contract carriage could not have arisen. There is no documentary evidence produced by the operator to support this claim. Hence, adding of this sum to the amount payable for the contract carriage by the Arbitrator was unjustified. Hence, we disallow this sum also.17. Shri Kothavale, lastly ... the Omnibus into a contract carriage by re-building its body and the cost of changing its petrol engine into diesel engine, could have been Rs. 60,000/- as shown in Exhibits P-2 and P-3 and as spoken to by P.W. 1 and P.W. 2, the operator and the body ...

Mar 04 1991

State of Karnataka Vs. Cantreads Private Limited

  • Decided on : 04-Mar-1991

Court : Karnataka

Reported in : ILR1991KAR1371; 1991(1)KarLJ500

... of the Act, Section 98A of the Act is equally inapplicable. Therefore the levy of forest development tax as contemplated under the said Section is unauthorised. Consequently, respondent-1 herein would be entitled to the refund of the amount paid hitherto.4. On behalf of appellant-1 namely, the State of Karnataka, these ... herein.The respondents do not extract rubber sheets produced by the Government from the liquid as tapped by them from rubber trees. seignior age value means the royalty payable by the consumers and purchasers for the collection and removal of forest produce from forests on licences or permits ... new Ambadi Estates Private Limited, Kulasekaram in Kanyakumari District. In the said letter an order has been passed for 320 drums of rubber latex 60 per cent D.R.C. with a schedule of supply. At page 39, we find the letter of the Rubber Research Institute of ... Government Advocate would vehemently submit that the words 'forest produce' in Section 2(7) of the Act must be construed liberally because it is an inclusive definition. The mere fact that for the purpose of preservation of latex sulphuric acid is added and is subjected to a process of smoking thereby ... though the aforesaid term has not been defined by the Madras General Sales Tax Act, yet the Madras Plantations Agricultural Income Tax Act, 1955, in defining what is agricultural income included that from rubber as well by second Explanation to Section 2(2)(ii) which reads as follows: Agricultural income derived from ...

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