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Judgment Search Results Home > Cases Phrase: income tax act Court: karnataka Year: 1988 Page 1 of about 73 results (0.056 seconds)

Jun 08 1988 (HC)

H. Kenche Gowda Vs. State of Karnataka (Joint Commissioner of Agrl. In ...

Court : Karnataka

Decided on : Jun-08-1988

Reported in : ILR1989KAR1687

..... two decisions of the supreme court relied on by learned counsel for the revenue relate to proceedings arising under section 34 of the indian income-tax act, 1922, which are in pari materia with section 36 of the act. if an order passed by the assessing officer is found to be erroneous and prejudicial to the interests of the revenue, as the assessment had ..... rajendra babu, j.1. these petitions are filed under section 55 of the karnataka agricultural income-tax act, 1957 ('the act' for short), against the order dated june 9, 1986, purporting to revise the assessment orders passed by the agricultural income-tax officer for the assessment years 1979-80 and 1980-81 in respect of one kenche gowda and the assessment order against the other coparceners of ..... , the said two decisions are not applicable. 8. even assuming that the power of revision of the commissioner under section 35 of the act and the power of reassessment under section 36 of the act to bring escaped income to tax overlap to a certain extent, the law applicable to such a situation is as enunciated by this court in the case of bidar ..... of the family, as if no partition had taken place and apportion the tax liability. the proviso provides for apportionment of the tax liability amongst quondam coparceners proportionately. the explanation to section 30(2) of the act provides that income from the crop harvested but not disposed of, shall be deemed to be the income of such hindu undivided family and shall be assessed as .....

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Mar 17 1988 (HC)

Hindustan Machine Tools Ltd. Vs. Commissioner of Income-tax, Karnataka ...

Court : Karnataka

Decided on : Mar-17-1988

Reported in : (1988)71CTR(Kar)166; ILR1988KAR2012; [1989]175ITR220(KAR); [1989]175ITR220(Karn); 1988(3)KarLJ460

..... 1956-57, the assessee claimed deduction of these two amounts of rs. 22,332 and rs. 50,000 as deductible expenditure under section 10(2)(xv) of the indian income-tax act, 1922. the income-tax officer disallowed the claim for deduction on the ground that the expenditure incurred was of capital nature and was not allowable as a deduction under section 10(2)(xv ..... balakrishna, j.1. in these three references which have been made under section 256(1) of the income-tax act, 1961 ('the act'), the following questions of law arise for consideration : 2. at instance of the assessee : 'whether, on the facts and in the circumstances of the case, the tribunal was right in ..... and commissioning expenses should be treated as revenue expenditure (4) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the income-tax officer was not justified in restricting the relief under section 80j on pro rata basis ?' 4. i shall, at first, answer the four questions referred at the instance of the ..... ]106itr900(sc) , is apposite to the facts of these cases and that the expenditure incurred was capital in nature. thus, the tribunal upheld the orders of the commissioner of income-tax. 8. the circumstances which necessitated the construction of the road could be gathered from the proceedings of the board meeting of hindustan machine tools, dated july 24, 1970, vide annexure- .....

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Aug 12 1988 (HC)

Commissioner of Income-tax Vs. Pompei Tile Works

Court : Karnataka

Decided on : Aug-12-1988

Reported in : [1989]175ITR1(KAR); [1989]175ITR1(Karn); 1988(3)KarLJ404

..... , not taxable in the hands of the firm. 6. at the instance of the revenue, the following question has been referred to this court under section 256(1) of the income-tax act, 1961 ('the act' for short) : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in upholding the commissioner of ..... all, but was diverted by an overriding title or charge. the assessing authority rejected the said claim. on appeal to the commissioner of income-tax he accepted the contention of the assessee that there was an overriding charge on the assets of the firm as well as the shares of the partners and hence the ..... court and high courts which set out what are the two tests for determining whether there is diversion by overriding charge on the income. the leading case on the point is the decision of the supreme court in cit v. sitaldas tirathdas : [1961]41itr367(sc) , wherein it is observed (p. 374) : '... the true test is whether the amount sought to be deducted ..... income-tax (appeals)'s order who held that 25% of the share of profit paid to the ex-partner and to her estate has to be deducted in computing the total income of the assessee ?' 7. sri .....

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Jun 22 1988 (HC)

G.E. Thippaiah Vs. Agricultural Income-tax Officer

Court : Karnataka

Decided on : Jun-22-1988

Reported in : [1991]187ITR668(KAR); [1991]187ITR668(Karn)

..... in the instant case. we are fortified in our view by the decision of the madras high court in seethammal v. cit : [1981]130itr597(mad) . in the said case, the court was considering the applicability of section 171 of the income-tax act in a similar situation. it is observed that 'family' signifies a group and plurality of persons is an essential attribute of ..... a bare perusal of section 24 of the act, it is clear that it applies only to a natural person who dies during an assessment year ..... , neither the petitioner nor his window could file the return of agricultural income with regard to the hindu undivided family of the late eregowda as karta. 6. reliance is sought to be placed upon the provision of section 24 of the karnataka agricultural income-tax act which pertain to the assessment of tax leviable on a deceased person which is payable by his representative. on ..... and whose legal representatives under the law will become liable to file the return in respect of the income derived during .....

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Jun 24 1988 (HC)

Commissioner of Income-tax Vs. M.D. Veeranarasimhaiah

Court : Karnataka

Decided on : Jun-24-1988

Reported in : (1988)72CTR(Kar)234; [1988]174ITR435(KAR); [1988]174ITR435(Karn); 1988(2)KarLJ301; [1988]41TAXMAN1(Kar)

..... , bangalore, has referred at the instance of the department, the following question under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the provisions of section 64(1)(vii) do not apply in ..... arising directly or indirectly to the minors from the assets transferred to them. this sum was also not assessed by the income-tax officer. but the commissioner of income-tax, in exercise of his suo motu powers of revision under section 263 of the act, set aside the assessments and directed the assessing officer to add the said sums of money. the commissioner was of ..... the view that even the deferred payment to the minors would be income arising indirectly to the assessee and therefore, should be added ..... in the income. he submitted that while in the 1922 act in the analogous section 16(3) the expression used is 'benefit', in section 64(1)(vii), the presence of the words 'immediate or deferred' before the word 'benefit' are significant. he further submitted that these words were added to overcome the effect of the decision in manilal dhanji v. cit : [1959]35itr467 .....

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Aug 12 1988 (HC)

Gopal Ramanarayan Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Aug-12-1988

Reported in : (1988)73CTR(Kar)65; [1989]175ITR32(KAR); [1989]175ITR32(Karn); 1988(3)KarLJ340

..... a sum of rs. 2,75,000, there was a partial partition in the hindu undivided family and requested for an order under section 171 of the income-tax act, 1961 (hereinafter called 'the act'). the income-tax officer rejected this claim. he held that the assessee having thrown his interest in the firm into the common hotchpot of the hindu undivided family as indicated above ..... (in this case through the family) and hence assessable in the hands of the individual to whose wife and children such income accrued while applying section 16 of the indian income-tax act, 1922, which provision is analogous to section 64 of the act. applying the said ratio to the facts of this case, we hold that the tribunal was right in rejecting this claim ..... , section 64 of the act was attracted, and assessed such income in his hands. 3. on appeal, the appellate assistant commissioner upheld the claim of the assessee of partial partition and directed the income-tax officer to pass a separate order recognising such partition. however, the other contentions raised by him ..... property received by the spouse or minor children will be includible in the net income of the transferor as provided in the sub-section. 5. this is exactly the view expressed by this court in respect of an analogous provision in section 4(1a) of the wealth-tax act, in the decision reported in muthukali chettiar v. cwt : [1984]150itr359(kar) . therefore, in .....

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Aug 02 1988 (HC)

Commissioner of Income-tax Vs. Corporation Bank Ltd.

Court : Karnataka

Decided on : Aug-02-1988

Reported in : (1988)73CTR(Kar)81; [1988]174ITR616(KAR); [1988]174ITR616(Karn); 1988(3)KarLJ146; [1988]41TAXMAN161(Kar)

..... this lesser amount alone was taxable. 12. income-tax is a levy on income. though the income-tax act takes into account two points of time at which the liability to tax is attracted, viz., the accrual of the income or its receipt, yet the substance of the matter is the income if income does not result at all, there cannot be a tax, even though in book-keeping, an entry ..... s.a. hakeem, j.1. in these references under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal, has referred the following common questions of law for the opinion of this court : '1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the interest of rs. 4,15,343 ..... is made about a 'hypothetical income', which does not ..... materialise. where income has, in .....

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Aug 12 1988 (HC)

Abdul Sattar M. Mokashi Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Aug-12-1988

Reported in : (1988)73CTR(Kar)72; [1988]174ITR368(KAR); [1988]174ITR368(Karn); 1988(3)KarLJ16; [1988]41TAXMAN84(Kar)

..... s. rajendra babu, j.1. these are three references made under section 256(1) of the income-tax act, 1961 (hereinafter called the 'act'), by the income-tax appellate tribunal ('the tribunal' for short) relating to the assessments of the applicant for three years. the assessments were made for the assessment year 1971-72 on november 11, 1971; ..... for the revenue submitted that the powers of the appellate assistant commissioner in disposing of an appeal are co-extensive with that of the income-tax officer and that under the scheme of the act, it was permissible for the income-tax officer to alter the status in the course of the assessment proceedings and that the status could be a subject-matter of an ..... the applicant had failed to disclose fully and truly all materials necessary for assessment, and hence initiation of action under section 147 of the act is invalid. it was submitted that there was no warrant for the income-tax officer to proceed on the basis that the applicant had admitted before the excise authorities that all the trucks belong to him even though ..... , urging the following grounds : (i) change of status from that of an individual to that of an association of persons (aop); and, (ii) the income-tax officer invalidly initiated the proceedings under section 147(a) of the act amongst certain other grounds. 4. the tribunal having dismissed the appeal, the applicant sought for a reference and at his instance, the following questions have .....

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Nov 18 1988 (HC)

Canara Sales Corporation Ltd. Vs. Commissioner of Income Tax

Court : Karnataka

Decided on : Nov-18-1988

Reported in : (1989)79CTR(Kar)64; ILR1989KAR3387; [1989]176ITR340(KAR); [1989]176ITR340(Karn); 1988(3)KarLJ348

..... a covering letter dated march 25, 1966, in which it challenges the proceedings initiated under sections 147(a) and 148 of the income-tax act, 1961 ('the act' for short). the said returns were filed under protest and without prejudice to its contentions on the questions of jurisdiction to reopen the ..... was referred to in the following manner (at page 60) : 'mr. ginwalla has submitted that no one, not even an assessee before the income-tax officer, can be expected to disclose to disclose what he does not know and was able to place before us an observation occurring in the ..... misappropriation by the accountant came to light. since there was definite information available with the income-tax officer, which was not originally within his knowledge, the action taken by him under section 147(a) of the act was justified, that as the matter was still under litigation and it was not clear ..... assessee to disclose fully and truly all material facts necessary for his assessment for that year, income chargeable to tax has escaped assessment for that year. the scope of section 147(a) of the act has been the subject-matter of debate before us. while it is the contention of the ..... assessments. it was submitted that the amount misappropriated by the employee and now sought to be added should be allowed as a loss against the income of the assessee. the income-tax .....

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Mar 19 1988 (HC)

G.N. Sunanda Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Mar-19-1988

Reported in : (1988)73CTR(Kar)33; 1988(3)KarLJ385

..... [1971]82itr828(sc) was not considered by the andhra pradesh high court. their lordships distinguished the case on the ground that it is a case under the gift-tax act and not under the income-tax act though this aspect was criticised by the gujarat high court but they adopted the reasoning of the andhra pradesh high court. the test of unity of interest is ..... to as the 'act'), to assess such share income in the hands of the applicant and her children as an association of persons. the applicant filed her return declaring that ..... she had no income in that status. her case was that her income should have been assessed as that of a hindu ..... during his lifetime, the income from each of these three firms was assessed in his hands in the status of a hindu undivided family. after his death, his wife, the applicant herein, became a partner in the firms in which he was a partner in his individual capacity. the income-tax officer initiated proceedings under section 148 of the income-tax act, 1961 (hereinafter referred .....

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