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Judgment Search Results Home > Cases Phrase: income tax act Court: karnataka dharwad Year: 2012 Page 1 of about 9 results (0.017 seconds)

Jan 06 2012 (HC)

Gouli Mahadevappa Vs. Income-tax Officer and Another

Court : Karnataka Dharwad

Decided on : Jan-06-2012

..... and not to be applied for the entire chapter vi e relating to taxation of capital gains, especially to section 45 of the income tax act? (d) whether on the facts and the circumstances of the case, the income tax tribunal is correct in law in rejecting the contention that the term capital gain in section 54f has to be arrived by imposing section 50c ..... reinvested rs.24,00,000/- for construction of residential house at gangavathi and sought exemption from the payment of capital gain tax under section 54f of the income tax act (for short ??the it act). 2. the assessing authority found that under section 50c of the it act, the value of the property is rs.36,00,000/-. the cost price of site paid by the assessee at ..... of the act in order to comply with the provisions of charging section 45 of the income tax act? (e) whether on the facts and the circumstances of the case, the income tax tribunal is correct in law in rejecting the contention that the harmonious construction of section 54f of ..... be worked out applying section 48 without imposing section 50c into it? (c) whether on the facts and the circumstances of the case, the income tax tribunal is correct in law in rejecting the contentions that provisions of section 54f(1)(a) of the income tax act will become unworkable, if the construction placed thereon, would require the consideration as per section 54c of the .....

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Oct 03 2012 (HC)

The Commissioner of Income Tax and Another Vs. Mrs. B. Sumangaladevi

Court : Karnataka Dharwad

Decided on : Oct-03-2012

..... the appeal may be stated as under: during the course of income tax department search in the case of b.b. swamy on 10.12.1991, the income tax department seized certain amount and as per the provisions of the income tax act, 1961 (in short ??the act), the same was adjusted as against the income tax demand raised against him. further, simultaneous search was conducted at bangalore ..... years. the board is constituted under the central board of revenue act, 1963. it is one of the six authorities constituted under the act (vide sections 116 of the act). this is the highest executive authority for administering the direct tax. it controls all the income tax authorities that are appointed under the income tax act. it is empowered to issue orders and directions to all ..... the officers employed in the department and to make rules for carrying out the provisions of the act (vide sections 119 and 268a of the act). tax payers desire to reduce their tax liability to the minimum. ..... this is an appeal filed under section 260a of the income tax act, 1961, by the revenue, questioning the legality of the order dated 1.10.2004 made in ita no.77/pnj/2002 on the file of income tax appellate tribunal (itat), panaji bench at panaji, confirming the order of the commissioner of income tax (appeals), at belgaum. 2. brief facts of the case .....

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Apr 20 2012 (HC)

Shivaram and Another Vs. Hanumanth and Others

Court : Karnataka Dharwad

Decided on : Apr-20-2012

..... raise any dispute. then amount of rs. 13,50,000/- will be the value for the remaining area. 46. if there is need of certificate under section 230a of the income tax act, the vendors will obtain the same or they will execute separate sale deeds in respect of their ownership rights and they are responsible. in the event of the vendors failure ..... contract. 48. plaintiff in his pleadings has relied on two circumstances to submit that, on account of breach of terms of the contract by the defendants as the income tax certificate under section 230-a of the income tax act was not obtained, and (ii) that there was inter se dispute pending amongst the vendors in o.s.133/1999. in the absence of the ..... one sudhindra, i.e., son of defendant no.1. defendants were under obligation to compile all the formalities including obtaining clearance certificate from income tax department as required under section 230(a) of the income tax act (hereinafter referred to as the act for short). it was also agreed that the sale transaction to be completed on or before 30th june 1995, however, the defendants did ..... the part of the plaintiff proves as to how the plaintiff conducted himself from the date of agreement till filing of the suit. the contention that the income-tax clearance certificate under section 230a of the act was relevant, also does not merit, as even according the plaintiff himself that the said provision repealed with effect from 1.6.2001. however, it is .....

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Jan 04 2012 (HC)

Guru Rao and Another Vs. the State of Karnataka, by Its Secretary to D ...

Court : Karnataka Dharwad

Decided on : Jan-04-2012

..... of compensation amount. it is a revenue receipt. the amount received as interest on the amount of compensation assessed under the land acquisition act is taxable under the income tax act. the bar contained in section 194la for deducing the tax at source is only in respect of the compensation determined for acquiring the agricultural lands. the said bar is not applicable in so ..... by the state government at annexure `b dated 4.9.2010. 4. learned counsel for the petitioners submits that having regard to section 194la of the income tax act, 1961, the second respondent is not justified in deducting the tax at source from the interest accrued on delayed payment of compensation. the circular at annexure `b is violative of section 194la of the ..... the loss he suffered because he had not that use. therefore, the statutory interest paid under section 34 of the act is interest paid for the delayed payment of compensation amount and therefore, is a revenue receipt liable to tax under the income tax act. 12. in bikram singh and others vs. land acquisition collector and others, the apex court has again held ..... that interest received on delayed payment of compensation under the land acquisition act is a revenue receipt eligible to income tax. 13. in the instant case, admittedly, the immovable property .....

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Mar 22 2012 (HC)

Sripada Gouda Vs. State by Karnataka Lokayuktha Police Station, Dharwa ...

Court : Karnataka Dharwad

Decided on : Mar-22-2012

..... his possession for which he cannot satisfactorily account, cannot be convicted of an offence under section 5(2) read with section 5(1)(e) of the act unless the prosecution disproves all possible sources of income. 13. that takes us to the difficult question as to the nature and extent of the burden of proof under section 5(1)(e) of the ..... the appellant-accused in this behalf has placed strong reliance on the explanation to section 13(1)(e) of the act. under this explanation, expression ??known source of income ? occurring in section 13(1)(e) of the act has been explained to mean ??income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules ..... regard to the receipt of the huge extent of amounts from sale of plots in the light of explanation to section 13(1)(e) of act of 1988 as admittedly, the appellant has not disclosed the said income in his annual assets and liability statement required to be submitted to the disciplinary authority as per the conduct rules. therefore, he contended that ..... what liberal view requires to be taken of what proportion of assets is in excess of the known source of income constitutes ??disproportion for the purpose of section 5(1)(e) of the act ? (equivalent to section 13(1)(e) of the present act). 22. having regard to the discussions made above, i am of the considered opinion that from the evidence placed .....

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Mar 22 2012 (HC)

Kakaral Ravikumar, Koppa and Others Vs. the State of Karnataka, Rep. b ...

Court : Karnataka Dharwad

Decided on : Mar-22-2012

..... law. the concepts of capital and revenue are dynamic, not static, concepts; the test may have to be changed with the changing circumstances. the law and levy of income-tax are directly related to economic factors and are conditioned by social and political forces, by industrial and commercial considerations. the interpretation of such law must necessarily be inspired by the ..... been by and large approving the validity of acquisition proceedings without looking further into or even subjecting the administrative action to any scrutiny, leave alone strict scrutiny. 97. the act does not necessarily use the phrase ??public purpose and this distinction has been judicially noticed in some of the judgments of the supreme court. but, the examination in the ..... aspect of the government order is that as the proposed project comes under schedule-i of the notification issued by the central government under the provisions of the environment [protection] act, 1986 and rules and regulations, the company is required to obtain not only the approval of the state government for the project, but also elicit necessary approvals, no ..... advised to apply for and obtain pollution and environmental clearances from karnataka state pollution control board, and the moef, government of india as per the provisions of the relevant acts and rules governing environmental protection. providing local employment:- the company shall provide employment to local persons in the unit as per para 8.6 of the industrial policy 2001 .....

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Jan 16 2012 (HC)

Shantawwa Vs. the Managing Director Rep. by Its Divisional Controller ...

Court : Karnataka Dharwad

Decided on : Jan-16-2012

..... the assessment year 1999-2000 and 2000-2001. the returns are filed about six months after the accident. in the income tax returns, the income of the deceased is shown as rs.81,950/- as the gross income. the income shown does not attract any income tax. as per the unit system 1/6th is to be deducted towards personal expenses and rs.68,000/- would ensure ..... of succession. there is no material before the court to suggest whether the marriage of the appellant with the deceased was conscious bigamous marriage. the law under the domestic violence act also recognizes grant of maintenance for a woman who was in live-in-relationship. in that context, denial of share in the compensation to the appellant does not appear to ..... (prayer: this appeal is filed under section 173(1) of m.v. act 1988 against the judgment and award dated 07.07.2007 passed in mvc no. 1869/2001 on the file of the principal civil judge (sr.dn.), and additional mact, belgaum, .....

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Feb 16 2012 (HC)

Sangappa Ramappa Jampur Vs. Honnappa and Others

Court : Karnataka Dharwad

Decided on : Feb-16-2012

..... purchased for a sum of rs.2,000/- from out of the earnings of the 1st defendant who had attained majority by then and who had his own income etc., therefore, no need for disturbing this finding of the trial court. 15. mr.i.c.patil, learned counsel appearing for 3rd respondent/3rd defendant in ..... the name of defendant no.1? 4. does the plaintiff prove, deceased ramappa purchased suit 1b land in the name of d-4 out of joint family income and the said land was being enjoyed jointly? 5. whether plaintiff is entitled for partition in all suit properties as prayed? 6. whether defendant no.1 ..... the position/status of the 2nd defendant having been considerably enhanced to attain the status of a coparcener on and after amendment to section 6 of the act by central act no.39/2005. he further submits that even though the respondents have not appealed, to this extent, the judgment and decree calls for a correction ..... other witnesses as pws-2 and 3 and got marked documentary evidence ex.p.1 to ex.p.19, essentially comprising of extract of revenue records, house tax receipts and other related copies of revenue records. 9. on behalf of the defendants, the 1st defendant deposed as dw-1 and another witness by name ..... the properties did not devolve on other male members of the family but has to go by succession in terms of the provisions of the hindu succession act; that the learned judge of the trial court has not been examined at all this legal position and therefore the judgment and decree in so far as .....

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Feb 01 2012 (HC)

The Oriental Insurance Co Ltd . Vs. Bannemma and Others

Court : Karnataka Dharwad

Decided on : Feb-01-2012

..... purpose of determining loss of dependency, as he was around 40 years of age, 50% of it had to be added to his salary to fix his income. if we do that, rs.4,980/- has to be added to rs.9,860/- which comes to rs.14,840/-, out of which deducting rs.200 ..... from his salary certificate-ex.p10. he was drawing a salary of rs.9,858/-. the tribunal has taken it at rs. 9,758/- adjusting towards professional tax, and reduced it by 1/3rd to quantify loss of dependency. they seek enhancement relying on the benefit of the decision in the case of sarla verma . ..... n. raichur that the claimants cross-objection is not maintainable. 17. apart from technical objections raised, impugned award is assailed on the ground tribunal has unjustifiably fastened act of negligence on the lorry driver, instead of rider of motorcycle. i have re-apprised the evidence. the victims were riders of a motorcycle, and the unfortunate ..... will be relevant for consideration, yet the tribunal is not precluded from deciding the question of negligence in an action under section 166 of he motor vehicles act. 22. for the reasons discussed above, i am satisfied claimants evidence proved there was no negligence in the driving of the motorcycle rider and culpable negligence ..... /- towards professional tax, it comes to rs.14,640/-. 29. the next question is, whether 1/3rd has to be deducted or 1/4th? no doubt the decision permits .....

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