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Judgment Search Results Home > Cases Phrase: income tax act Court: karnataka Year: 2012 Page 3 of about 46 results (0.019 seconds)

Mar 19 2012 (HC)

The Manager Tate Aig General Insurance Co.Ltd and Another Vs. Smt Jyot ...

Court : Karnataka

Decided on : Mar-19-2012

..... to file the auditors report with regard to profit and loss account, balance sheet etc; form 3, statement furnished under section 44 ab of the income tax act filed in the year 2001, 2003 and 2004 which are marked as ex.p.9 series and ex.p.10. 10. considering the contents of ..... had no children, her husband was also employed and he was not dependent upon the income of the wife. in the circumstances, the compensation was awarded under the heads loss of estate (loss of savings), loss of expectation of life, loss ..... /04 (mfa 4638/07) are all three major sons having common establishment, but, who were not depending upon the income of their mother to any extent. in the reported decision the deceased lady who was working as a lecturer died living behind only her husband and they ..... children/parents. where the claimants are non-dependent brothers/sisters claiming on behalf of the estate, the savings can be taken as 15 per cent of the income. the above percentages are, of course, subject to any specific evidence to the contrary led by the claimants. 8. admittedly, the claimants in mvc 4239 ..... the claimants are not dependants) in the absence of specific evidence to the contrary. the quantum of savings can be taken as one-third of the income of the deceased where the spouses are having a common establishment and one-fourth where the spouses are having independent establishments. the above will apply where .....

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Feb 01 2012 (HC)

M/S. Hegde Motor Transport Vs. the Assistant Provident

Court : Karnataka

Decided on : Feb-01-2012

Reported in : 2012(5)KLJ11

..... any supervisory control or managerial control between different units, it cannot be held there is interdependency particularly in the back drop of these three individual persons being assessed under the income tax act, 1961 separately and independently. he would also submit that the test that ought to have been applied by the authority was to ascertain as to whether these units were ..... above, the said sri jayachandra hegde himself while replying to the notice dated 12.6.2006 issued by respondent vide reply dated 16.6.2006 has enclosed the balance sheet, income tax returns etc. of himself, his sons and wife along with his written submissions which was admittedly available on record and same has been looked into by the authority. hence, ..... to the notice issued by the authorities a reply has been submitted by sri jayachandra hegde on 6.6.2006 to the respondent whereunder documents were furnished namely balance sheet, income tax returns of all the four persons alongwith written submissions as stated above. mere payment of salary from the account of sriyuths k. jayachandra hegde, seetharam hegde, gananath hegde and ..... employees, 5 employees, 4 employees and 2 employees respectively are working under these persons and contending that all the family members have independent books of accounts and separate files, separate income tax returns and as such, it was contended that employment strength does not exceed beyond 20 in m/s. hegde motors under his partnership and as such, there is no .....

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Mar 14 2012 (HC)

Ms. Tulips Auto India Private Limited. Vs. the Registrar of Companies ...

Court : Karnataka

Decided on : Mar-14-2012

..... balance sheet for the assessment year 2009-10 as well as for the years 2010-11 and 2011-12. the registration made under the value added tax and also the filing of the returns under the income tax act is relied on in this regard. it is also pointed out that the company during the assessment year 2011-12 had earned the net profit ..... petitioner is a going concern would have to be kept in view. needless to mention that if the petitioner has not complied with any of the provisions of the companies act, it would still be open for the respondent to take appropriate action in accordance with law alter providing opportunity to the petitioner.6. therefore, in my view, if the prayer .....

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Feb 22 2012 (HC)

The Commissioner of Income Tax. Vs. Ms. Bpl Engineering.

Court : Karnataka

Decided on : Feb-22-2012

..... assessed income had to be made in terms o] the statutory scheme comprising section 115j/ ..... was committed, deliberately", in failing to pay advance tax under section 208 of the act when section 234b interest is levied automatically as there is no discretion.3. learned counsel appearing for both the parties submit the said question now has been decided by the apex court in the case of joint commissioner of income, tax vs. rolta india limited [2011] 330 itr ..... in respect of the total income of the assessee that would be chargeable to tax for the assessment year immediately following that financial year. section 215(5) of the act defined what is "assessed tax", i.e., tax determined on the basis of regular assessment so far as such tax relates to income subject to advance tax. the evaluation of the current income and the determination of the ..... , levying of interest was inescapable. the assessee was bound to pay advance tax under the said scheme of the act. section 115j/1i'bja of the act were special provisions which provided that where in the case of an assessee. the total income as computed under the act in respect of any previous year relevant to the assessment year is less utah 30 per .....

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Jun 28 2012 (HC)

State Bank of KarnatakA. Vs. R.K. Powergen Pvt Ltd and ors.

Court : Karnataka

Decided on : Jun-28-2012

..... to the assessee. in support of his submission, the learned counsel placed reliance on the decision of this court in subhash marketing versus commissioner of income tax reported in 118 stc 136.118. insofar as the argument relating to the nature of goods on the entry point and as to whether it is ..... the supreme court was only concerned with the definition of 'raw material' as it occurred in section 2 [1] of the madhya pradesh general sales tax act which was described as an article used as an ingredient in any manufactured goods, or article consumed in the process of manufacture and includes fuel and lubricants ..... to be regarded as raw materials or otherwise for the purpose of getting some concession or benefits under the provisions of the madhya pradesh general savings tax act, 1958 and applying the ratio of that case to the present case while was not correct is totally uncalled for. the state has urged that ..... assessee being inspired by this observation had taken up the other contentions before the tribunal to contend that it was not liable to pay tax under the act in respect of the subject goods as the subject goods are mainly in the nature of consumables and if one were to look into ..... authority and the first appellate authority which had opined that the assessee was liable in respect of the goods in question for payment of tax under the act as they had opined so for the earlier assessment years and the assessee nevertheless had been pursuing the matter by way of further appeal .....

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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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Sep 12 2012 (HC)

Govardhan M and Others Vs. the State of Karnataka Represented by the S ...

Court : Karnataka

Decided on : Sep-12-2012

..... government of karnataka by virtue of the powers conferred by sub-section (1) of section 3 read with section 8 of the karnataka state civil services act, 1978 made the karnataka state police including the ministerial services (recruitment) rules, 2004, which came into effect from 23rd july 2004. it provided for ..... before the tribunal, the government in exercising its power conferred by sub-section 1 of section 3 read with section 8 of the karnataka state civil services act, 1978, made the karnataka state police including ministerial services (recruitment) (amendment) rules, 2009, amending the age limit by raising it into 28 years ..... to the legislature of the opening words of section 79-a of the act or treat the same as surplussage. section simply states "from the date of the commencement of the amended act which is 1.3.1974", those having annual income in excess of rs.50,000/- from non-agricultural sources cannot acquire ..... words "on and from the commencement of the amended act". the amended act, as stated earlier, is defined to be act 1 of 1974 which came into effect from 1.3.1974. from that date, no one can acquire an agricultural land if his income from sources other than agricultural lands is in excess of ..... rs.50,000/-. if the interpretation given in gayathri ramaswamy's case is to be adopted, then it gives rise to two sets of transactions:- (1) those by which from the commencement of the amendment act, i.e. .....

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Jan 13 2012 (HC)

The Managing Director, K.S.R.T.C., B.T.S Division, Shanthinagar Vs. Ak ...

Court : Karnataka

Decided on : Jan-13-2012

..... be deducted towards the personal expenses of the deceased. accordingly, if 1/3rd (i.e. 2000/-) is deducted from rs.6,000/- towards his personal expenses, the net income would be rs.4,000/- per month. since the deceased was aged about 42 years, the proper multiplier applicable is 14 as per the decision of honble ..... negligence on the part of the driver of the bmtc bus, in the occurrence of the accident. further, he submits that the tribunal grossly erred in assessing the income of the deceased at 81,545/- per annum, purely relying on exhibits p10 and p11. the same cannot be sustained and is liable to be modified by reducing ..... is the wife and claimant no.2. is the minor son of the deceased late m. babu. they filed the claim petition under section 166 of the motor vehicles act, contenting that, the deceased met with a road traffic accident, at about 12.30 p.m, on 06-11-2006, when he was travelling on his scooter bearing ..... except producing exhibits p10 and p11, no other documentary evidence in support of the income of the deceased is produced. further, if the deceased was a businessman in automobiles, the claimants ought to have produced the sales tax certificate issued by the central/state commercial tax department. but, nothing of that sort is forthcoming in the original records placed before ..... (prayer: this mfa is filed u/s 173(1) of mv act, against the judgment and award dated: 19/09/2007 passed in mvc no.8006/2006 on the file of the xix additional judge, court of small causes, .....

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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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Sep 28 2012 (HC)

Yogish M and Others Vs. the Registrar, Sir Visveshwaraiah Technologica ...

Court : Karnataka

Decided on : Sep-28-2012

..... referred, is of no advantage to their cause. we are also of the opinion that the decision of the apex court in basheshar nath versus the commissioner of income tax, air 1959 sc 149 need not be discussed because of the conclusion we have arrived at. 12. it is distressing to us, as it could be to ..... is considerable force in the submission of the appellant. having regard to clauses (i) and (k) of section 10 of the all india council for technical education act. 1987 ['act' for short], it is the function of the aicte to consider and grant approval for introduction of any new course or programme in consultation with the agencies concerned, ..... of quality/standards of instruction in the vtu or on account of lack of caring by the faculty of vtu. we would have expected that the vtu to act in the spirit of loco tutoris if not in loco parentis to reach out to their students and redress or remedy their problems rather than remaining impervious ..... for the issuance of certiorari striking down the visvesvaraya technological university autonomous college statute 2006 [for brevity vtuacs 2006] framed under section 48(a) of the vtu act 1994 on the assertion that it is colourable and ultra vires and non est; a declaration that the vtuacs 2006 is discriminative among the same class of bachelor ..... (prayer: this writ appeal is filed u/s 4 of the karnataka high court act praying to set aside the order passed in the writ petition no.37429/2012 dated 13/09/2012.) vikramajit sen, c.j. 1. these appeals .....

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