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Judgment Search Results Home > Cases Phrase: income tax act Court: karnataka Year: 2012 Page 2 of about 46 results (0.047 seconds)

Mar 20 2012 (HC)

M/S. Baganeheddal And#8216;cand#8217; Estate, Represented by Its Partn ...

Court : Karnataka

Decided on : Mar-20-2012

Reported in : 2012(3)KCCR2381

..... to be dismissed for the following reasons: 3. the petitioner is a partnership firm. it owns a coffee estate at chickmagalur. the firm was liable to be taxed on its coffee income under the karnataka agricultural income-tax act, 1957 for the assessment year 1998-99. the assessing authority while concluding the assessment, made an addition of rs.18,84,000/- to the declared coffee ..... refers to every appeal filed under the provisions of the karnataka sales tax act, 1957, central sales tax act, 1956 and the karnataka agricultural income tax act, 1957 and the other enactment's, which are referable to the imposition of tax under various categories like the karnataka entertainments tax act. 1959, the karnataka tax on professions, trades, callings and employment act, 1976 etc., 8. regulation 9(b) indicates that on receipt of ..... before me that the tribunal was obliged to inform the petitioner. i am of the view that neither the regulation nor the act provides for such an eventuality. it is no doubt true section 34 (9) of the karnataka agricultural income-tax act, 1957 contemplates that every order passed by the appellate tribunal under sub sections 4, 6 or 7 shall be communicated to .....

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Oct 08 2012 (HC)

Mrs. Bhagylakshmi Radhakrishna Holla and Others Vs. State of Karnataka ...

Court : Karnataka

Decided on : Oct-08-2012

..... is based on a rational and reasonable classification founded on an intelligible differentia having a rational relation to the object of the enactment. in my opinion, section 32 of the income tax act, 1961 referred to by the learned senior counsel for the petitioners has no relevance to examine the validity of the impugned amendments. 6. the impugned amendments cannot be said to ..... the tax imposed is retrospective in nature as the original cost of the vehicle is taken as the basis for scaling down of the rate of ..... to the learned senior counsel, the rate of scaling down of the lifetime tax payable on old motor cabs based on the original cost of the vehicle is not rational and hence is violative of article 14 of the constitution of india. he referred to section 32 of the income tax act, 1961 to determine the cost of the vehicle. he further submitted that ..... cannot be challenged merely because different rates of taxation are prescribed for different categories of persons or objects. 8. in view of the above, the lifetime tax levied on old motor cabs by the impugned amendment acts cannot be said to be discriminatory, arbitrary or unreasonable offending articles 14 or 19(1)(g) of the constitution of india. the writ petition are .....

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Oct 08 2012 (HC)

M/S Super Sales Corporation and Others Vs. the Debt Recovery Tribunal ...

Court : Karnataka

Decided on : Oct-08-2012

..... and sale of his movable property in the manner laid down in the third schedule to the income-tax act, 1961 (43 of 1961). 29. application of certain provisions of income-tax act - the provisions of the second and third schedules to the income-tax act, 1961 (43 of 1961) and the income-tax (certificate proceedings) rules, 1962, as in force from time to time shall, as far as possible, ..... was issued to the petitioners herein pursuant to the issuance of the certificate of recovery in the proceeding initiated by ksfc. thirdly, rule 66 of the second schedule of the income-tax act, 1961 itself provides for postponement of sale to enable a defaulter to raise amounts due under the certificate, where the recovery officer has reason to believe that the amount of ..... from the defendant by distraint and sale of his moveable property in the manner laid down in third schedule of the income-tax act, 1961. in fact section 29 states that the provisions of second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962 as far as possible would apply with necessary modifications as if the said provisions and the ..... as per annexure-r4. that the 3rd respondent is a stranger to the proceedings initiated by the ksfc and placing reliance on rule 11 of the second-schedule of the income-tax act, 1961, it was contended that any private sale for the recovery of the outstanding sum is void. 30. in reply the counsel for the petitioners reiterated that the provisions .....

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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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Jan 20 2012 (HC)

Sri H. D. Kumarswamy Former Chief Minister of Son of Sri H.D. Devegowd ...

Court : Karnataka

Decided on : Jan-20-2012

..... position such as (i) sec. 187 a of sea customs act. 1878 (ii) sec. 97 of gold control act. 1968 (iii) sec. 6 ol import and export control act. 1947 (iv) sec. 271 and sec. 279 of the income tax act. 1961 (v) sec. 61 of the foreign exchange regulation act, 1973 (vi) sec. 621 of the companies act, 1956 and (vii) sec. 77 of the electricity supply ..... act. this list is only illustrative and not exhaustive. while sec. 190 ..... like the complainant cannot initiate criminal prosecution when the report of lokayukta is pending consideration before the state government and the competent authority. 46. section 12 of the karnataka lokayukta act, 1984 reads thus:- "12. reports of lokayukta. etc (1) if. after investigation of any action [xxx] involving a grievance has been made, the lokayukta or an upalokayukta is satisfied that ..... ) when the lokayukta finds fault against the executives for their failure to implement such laws to protect the environment and ecology, the petitioner projects the grievance against the executives for acting upon the lokavukta report. but, under such circumstances, in our considered opinion, the executives should have a free hand to proceed with investigation further into the matter to do .....

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Jun 04 2012 (HC)

Venkatappa Vs. Venkataswamya Reddy and Others

Court : Karnataka

Decided on : Jun-04-2012

Reported in : 2012(3)KCCR2429

..... the constitution praying to declare that s.206aa of the income tax act, 1961 is unconstitutional, etc.)these petitions have been filed seeking for a declaration that s.206 aa of the income tax act, 1961 is unconstitutional and for costs.it is stated, petitioners are small investors. for depositing their savings out of their meager income, they approached respondents 3 and 4, for earning better interest ..... /returns. they do not have any source of income other than their investment. it is also stated specifically, they ..... source on such small investments would cause undue hardship, introduced s.139 a1(i) of the act in the year 1995 which enables such persons not assessable to income tax to file a declaration to that effect in the prescribed format, by which income tax would be deducted at source. s.206aa which is introduced has come into effect from 1.4.2010 as per ..... by the legislature in its wisdom. what is not in dispute is, persons whose income is below the taxable limit need not have a pan and also they need not furnish income tax declaration/returns. of course, under the finance act, it is made clear that a person whose income is less than the taxable limit is not taxable. such of the small investors who .....

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Apr 02 2012 (HC)

The Commissioner of Income Tax Central Circle and Another Vs. M/S. San ...

Court : Karnataka

Decided on : Apr-02-2012

..... said order of the tribunal and etc.) d.v. shylendra kumar, j. 1. appeal by the revenue under section 260a of the income tax act, 1960 (for short, the act) directed against the affirmation order dated 29-09-2005, passed by the income tax appellate tribunal, bangalore bench b, in ita no.256/bang/2002, dismissing the appeal of the revenue before the tribunal. 2. the ..... . 9. the assessee appealed to the commissioner of income tax (appeals) and met with success. the commissioner was of the view that when the order of assessment is under section 143(3) read with section 147 of the act, not much reason was forthcoming for the issue of notice under section 148 of the act; that no details of the nature of credit of ..... the assessee in this return. 4. the assessing officer concluded the assessment based on the return filed by the assessee in response to the notice under section 148 of the act. the assessing officer while brought to tax the original income as returned by the assessee and the addition in the return filed pursuant to section 148 notice and therefore the total taxable ..... assessee is a partnership firm and the assessment year is 1996-97. the assessee had filed its return disclosing an income of rs.4 .....

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Feb 07 2012 (HC)

A. N. Ramalingegowda and Others Vs. the State of Karnataka by Its Secr ...

Court : Karnataka

Decided on : Feb-07-2012

..... physically handicapped persons, mentally retarded persons/old age homes/sports complexes run by the charitable institutions recognized by the state government or registered under section 12(a) of the income tax act, 1961 other than the institutions run by scheduled caste/scheduled tribe. b) red cross societies/rotary clubs/lion clubs/press clubs. c) boards/pallike offices/markets/bus ..... category being individuals, hospitals, hostels, schools/colleges, entertainment clubs run by religious institutions which are neither recognized by the government nor registered under section 12-a of the income tax act, 1961, which can be allotted land at market value, but in respect of any other type of transfer of properties belonging to municipal bodies or local authorities, it ..... note of a personal secretary to the chief minister and while that is not in dispute, nevertheless all requirement in terms of provisions of section 179 of the act have been duly complied with particularly the matter having gone before the two standing committees, the palike passing an unanimous resolution approving the commissioners proposal which had elicited ..... person representing, that was done only with the intention of encouraging an organization like a publication publishing vernacular news daily; that the state government had, in fact, acted in favour of such deserving persons on earlier occasions also, that land had been allotted for the purpose of the english news daily-hindu and kannada news daily-sanjeevani .....

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Jan 20 2012 (HC)

Sri S.M. Krishna Son of Sri S.C. Mallaiah. Vs. the State of Karnataka ...

Court : Karnataka

Decided on : Jan-20-2012

..... such as (i) sec. 187 a of sea customs act, 1878 (ii) sec. 97 of gold control act, 1968 (iii) sec. 6 of import and export control act, 1947 (w) sec. 271 and sec. 279 of the income tax act. 1961 (v) sec. 61 of the foreign exchange regulation act, 1973,(vi) sec. 621 of the companies act. 1956 and (vii) sec. 77 of the electricity supply ..... act. this list is only illustrative and not exhaustive. while sec. ..... the a complainant cannot initiate criminal prosecution when the report of lokayukta is pending consideration befoie the state government and the competent authority. 41. section 9 of the karnataka lokavukta act, 1984, relates to complaints and investigations, the procedure for lodging the complaint and the manner of preliminary enquiry and investigation into such complaints. 42. at this juncture, it is ..... report submitted by the lokayukta. 44. the submission of learned senior counsel for petitioner that the instant complaint alleging offences against petitioner under the provisions of the prevention of corruption act. 1988 and other offences under the indian penal code and other laws cannot be initiated by the complainant, particularly when the complainant has reiterated the facts contained in the .....

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