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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: karnataka Year: 2012 Page 1 of about 46 results (0.017 seconds)

Jan 04 2012 (HC)

The Commissioner of Income Tax and Another Vs. M/S Infosys Technologie ...

Court : Karnataka

Decided on : Jan-04-2012

..... detail. 7. mr. indra kumar, mainly submits that the tribunal has committed an error in law in taking the view that the commissioner was acting beyond the limits of section 263 of the income tax act, 1961 [for short, the act] because the tribunal thought the commissioner had another point of view other than what the assessing authority had and therefore, set aside the order ..... in the case of commissioner of income tax vs electro house [(1971) 82 itr 824 (sc)] and in particular following the passage; section 33b(1) reads ..... assuming that in a situation of this nature the commissioner has acted without jurisdiction is an error in law committed by the tribunal and that requires correction. 8. in this regard mr. indra kumar has drawn our attention to the corresponding provision in the income tax act, 1922 namely section 33(b) of that act which had come in for interpretation before the supreme court ..... : the commissioner may call for and examine the record of any proceeding under this act and if he considers that any order passed therein by the income-tax officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of .....

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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 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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Jan 12 2012 (HC)

The Commissioner of Income Tax and Another Vs. M/S Standard Chartered ...

Court : Karnataka

Decided on : Jan-12-2012

..... that the assessment in pursuance of a return u/s.139 is different from re-assessment by invoking section 147 and by issue of notice u/s.148 of the income tax act 1961 in the guise of reassessment if an earlier assessment is sought to be concluded on the return beyond the time permitted u/s.153, it was frowned upon particularly ..... would arrive at this very destination even if we were to traverse along a different dialectic, namely, if we were to analyze the circumstances in which section 147 of the income-tax act could be invoked. there is plenitude of precedents on this aspect of the law; hence only some of them shall be discussed. the question that had arisen before the bombay ..... explanation 2 to section 147 and in its clauses (a) and (b). in either event the assessing officer would invoke the powers conferred upon him by section 147 of the income-tax act culminating in the completion of the assessment. it is also conceivable that the incorrectness of the return may not be detected or noticed within the time period set-down in ..... commencement of assessment proceedings they must first be brought to their logical conclusion by framing an assessment before embarking on the proceedings as envisaged in sections 147/148 of the income-tax act; or more precisely stated, can resort to section 147 be made even whilst the normal assessment proceedings are pending conclusion. to find the answer we must keep in perspective that .....

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Jan 12 2012 (HC)

The Commissioner of Income Tax and Another Vs. M/a Standard Chartered ...

Court : Karnataka

Decided on : Jan-12-2012

..... concept of change of opinion. 35. the concept of change of opinion while is not a statutory provision found in either the income tax act, 1922 or the it act, 1961, or even in the interest tax act, 1974, it is a phrase which has been developed in the context of language of the provisions of sections 34[b] and 147 ..... aside the said order and etc.,) 1. these five appeals by the revenue under section 21h of the interest tax act, 1974 [for short, the act] read with section 260a of the income tax act, 1961 [for short, the it act], are in respect of the assessment years 1992-93, 1993-94,1994-95,1995-96 and 1996-97 respectively ..... which is a situation which has been examined by the courts only in the context of the provisions of section 147[b] of the it act and the corresponding provision under the income tax act, 1922. it is pointed out that lesser period of limitation operates in a situation where there is no failure or omission on the ..... 478 reading as under: from a combined review of the judgments if this court, it follows that an income tax officer acquires jurisdiction to reopen as assessment under section 147 [a] read with section 148 of the income tax act, 1961, only if on the basis of specific, reliable and relevant information coming to his possession subsequently, he ..... (prayer: ita 1156 of 2006 is filed under section 21h of the int.tax act r/w sec.260a of the income tax act, 1961 arising out of order dated 07.04.2006 passed in int.t.a.no.21/bang/2002, for the assessment year 1992 .....

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Jan 17 2012 (HC)

The Commissioner of Income Tax and Others Vs. M/S H.P. Global Soft Ltd ...

Court : Karnataka

Decided on : Jan-17-2012

..... with a non-resident business contact, ensuring that its profits are reduced, will be a situation attracting the provisions of section 42 of the income tax act 1922 and the supreme court having rejected the stand of the assessee, in that case that there was no liability on the part of the ..... to the judgment of the supreme court in this case which was in the context of the provisions of section 42(2) of the indian income tax act (x) of 1922, which provision also deals with a situation of an arrangement between a resident and a non-resident ensuring that the profits ..... software. while the first question relating to the entitlement claimed by the assessee under the provisions of section 10a of the income tax act, 1961 (for short hereinafter referred to as the act) is in respect of the two units which are involved in creation of software and which is exported, the second question ..... 23. we have bestowed our attention to the submissions made at the bar, perused the order of the assessing authority, commissioner for income tax (appeals) and also of the income tax appellate tribunal. 24. insofar as the first question is concerned, while it is true that there did exist a close connection between ..... ita no.572/mum/2000 dated 25-11-2005 confirming the order of the appellate commissioner and confirm the order passed by the deputy commissioner of income tax, special range-15, mumbai and etc.,) 1. these four appeals by the revenue arise out of the assessment orders passed by the assessing officer .....

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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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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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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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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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