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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: karnataka Page 1 of about 10,309 results (0.049 seconds)

Jan 16 2020 (HC)

M/S Swabhimani Souharda Credit Co Operative Ltd Vs. Government of Indi ...

Court : Karnataka

..... knocked at the doors of writ court in substance for a prayer that they are entitled to seek deduction in respect of their income in terms of the scheme envisaged under section 80p of the income tax act, 1961 (hereafter 1961 act), on the premises that they too are a 4 cooperative society, on par with those registered under the provisions of karnataka co ..... circumstances, these writ petitions succeed; a declaration is made to the effect that the entities registered under the karnataka souharda sahakari act, 1997 fit into the definition of co-operative society as enacted in sec.2(19) of the income tax act, 1961 and therefore subject to all just exceptions, petitioners are entitled to stake their claim for the benefit of sec.80p ..... made at the bar, the following question of law arises for consideration: whether an entity registered under the karnataka souharda sahakari act, 1997 fits into the definition of co-operative society as enacted by sec. 2(19) of the income tax act, 1961 for the purpose of section 80p thereof?.5. having heard the learned counsel for the parties and having perused the ..... two legislations relating to cooperative societies in the state of karnataka viz., the karnataka co-operative societies act, 1959 & the karnataka souharda sahakari act, 1997; the entities registered under the 1997 act also answer the definition of cooperative society enacted in sec. 2(19) of the income tax act 1961 and therefore, they are entitled to seek the benefit of sec.80p thereof; the learned .....

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Dec 06 2019 (HC)

M/S T T K Prestige Ltd Vs. The Union of India Reptd by Its Finance Sec ...

Court : Karnataka

..... day, the court made the following: order in these petitions, petitioners have prayed for striking down the provisions of chapter xii - h inserted in the income tax act, 1961 (for short act, 1961) by the finance act, 2005 (for short act, 2005) w.e.f. 1.4.2005 on the score that it is offending the provisions of article 14 of the constitution and being beyond ..... imposed directly on the taxpayer and paid directly to the government by the persons (juristic or natural) on whom it is imposed. income tax: (entry no.82 of the union list):-"income tax act, 1961 imposes tax on the income of the individuals or hindu undivided families or firms or co- operative societies (other than companies) and trusts (identified as bodies of individuals associations of persons) or ..... court may be pleased to allow the above writ petition in the interest of justice and equity. the rules pertaining 11. question for consideration is chapter xii-h of the income tax act, 1961 or any part thereof would be unconstitutional being violative of articles 14 and 246(1) read with entry 82, list i of the seventh schedule to the constitution of ..... .dilip m., advs for r2) this writ petition is filed under articles226and227of constitution of india praying to strike down the provisions of chapter xii-h inserted in the income tax act, 1961 by the finance act, 2005 with effect from14.2005 as offending the provisions of article14of the constitution of india and as being beyond the legislative competence of parliament in so far as .....

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Dec 06 2019 (HC)

M/S. Mfar Constructions Pvt. Ltd. Vs. Additional Commissioner of Comme ...

Court : Karnataka

..... the authorities are barred from processing the return filed under the it act, 1961 just because it is not filed within the time stipulated either under section 139[1]. or 139[4 ..... this proposition. however, the dispute herein is the claim of input tax made without claiming such credit in the returns.22. in the case of a.balakrishnan v/s. general manager and another, reported in ilr2007kar1336 the learned single judge of this court in the context of section 139 of the income tax act, 1961, held that the said provision does not indicate that ..... ]. of the said act. a return filed is bound to be processed by the income tax authorities for which purpose they are meant unless there is an embargo placed.23. in the case of state of karnataka vs. centum industries private limited case, reported in ..... [2015]. 77 vst117[karn]., the division bench of this court interpreting section 10[3]. of the act inasmuch as the belated claim made by .....

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Nov 12 2019 (HC)

Sri D K Shivakumar Vs. Income Tax Department

Court : Karnataka - BENGALURU

..... act, 1963 (54 of 1963) [(aa) principal directors general of income-tax or principal chief commissioners of income-tax,]. (b) directors-general of income-tax or chief commissioners of income-tax [(ba) principal directors of income-tax or principal commissioners of income- tax,]. (c) directors of income-tax or commissioners of income-tax or commissioners of income-tax (appeals), [(cc) additional directors of income-tax or additional income-tax or additional commissioners of income-tax (appeals),]. (cca) joint directors of income-tax or joint commissioners of income-tax ..... the entire proceedings without concluding the adjudicatory proceedings under the act.18. i have carefully and cautiously gone through the income tax act. nowhere the income tax act prohibits or restrict institution of criminal proceedings under sections 276(c), 277 of the income tax act.19. this issue came up before the honble apex court ..... learned senior counsels appearing for the parties does not survive for consideration.21. be that as it may. no provision of the income tax act provides that a prosecution for the offence cannot be launched until reassessment proceedings are initiated against the assessee and are completed. they ..... any conflict between the two sets of decisions. it will not make any difference on principle that latter judgments pertain to cases under the income tax act.38. the ratio which can be culled out from these decisions can broadly be stated as follows: (i) adjudication proceedings and criminal .....

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Nov 12 2019 (HC)

Smt Prabhavathi K R Vs. Sri Lokesh

Court : Karnataka

..... the firm name is only for commercial purpose and it is not legally recognized as held in the decision quoted in the case of commissioner of income tax act (quoted supra). for the purpose of brevity i quote paragraph no.15 which reads as under: taking partnership accounts and 15. is the firm ..... carefully and cautiously gone through the said decision of the honble apex court. the said decision was delivered with reference to the income tax act. on going through section 141 of the ni act, the explanation to the said section has made it clear that the company means any body corporate and includes a firm or ..... circumstances, the said interpretations which has been made in the above decisions are with reference to income tax, will not come to the aid of the complainant.35. be that as it may, if section 141 of ni act is read entirely, then it makes clear that when there is the criminal liability, for discharge ..... the provisions of section 141 of the act is not attracted and as such the same contention is not having any force in the eye of law. in order to substantiate her contention she has relied upon the decision in the case of commissioner of income-tax, madras vs. r.m.chidambaram pillai ..... stating thus:3. the learned counsel for the appellant, however, sought conviction of two respondents on the basis of section 10 of the essential commodities act under which, if the person contravening an order made under section 3 (which covers an order under the iron and steel control order, 1956), is .....

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Sep 27 2019 (HC)

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

..... likely lengthy proceedings and unnecessary harassment, the high courts will issue appropriate orders or directions to prevent such consequences. writ of certiorari and prohibition can issue against income tax officer acting the without jurisdiction under section 34, income tax act. to subject a person to 20. much water has since flown under the bridge, but there has been no corrosive effect on these decisions which, though ..... to 1-4-1962, the date on which the income tax act came into force: (scc p. 914, para11) time 11. now it ..... v. m.a. merchant, 1989 supp (1) scc499:1989. scc (tax) 404]. .) inserted by amendment 91 35. we would also like to reproduce hereunder the following observations made by this court in govind das v. cit [govind das v. cit, (1976) 1 scc906:1976. scc (tax) 133]. , while holding section 171(6) of the income tax act to be prospective and inapplicable for any assessment year prior ..... , the meaning of the literal rule of interpretation is simply that we mean what we say and we say what we mean.16. similarly, in the case of commissioner of income tax, kerala v. tara agencies, reported in (2007) 6 scc429 relevant paras. 57 and 58 reads as under:57. the intention of the legislature has to be gathered from the .....

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Sep 27 2019 (HC)

Devas Multimedia Private Limited Vs. The Principal Commissioner of Inc ...

Court : Karnataka

..... , to be exercised on different conditions, both may not be held to be overlapping with each other. while examining the scope and limitations of jurisdiction under section 154 of the income tax act, it was held that such a power of rectification could only be exercised when there is an error apparent on the face of the record and that it does not ..... of revision vested under section 263 of the income tax act, it was held by this court as follows at scc para 8: (scc p.330) 8. the scope and ambit of a proceeding for rectification of an order under section ..... ) 2 scc326 a similar situation arose for the interpretation of this court regarding the scope and ambit of section 154 of the income tax act, 1961 vesting the power of rectification as against the power vested under section 263 of the income tax act, which is a power of revision. while examining the scope of the power of rectification under section 154 as against the power ..... such view take very long time with the existing appellate structure. with a view to provide speedy disposal, it is proposed to amend the income-tax act so as to create an alternative dispute resolution mechanism within the income-tax department and accordingly, section 144c has been proposed to be inserted so as to provide inter alia the dispute resolution panel as an alternative resolution .....

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Aug 29 2019 (HC)

Sri. Sachin Narayan Vs. The Income Tax Department

Court : Karnataka

..... its statement of objections filed vide paragraph 4. for immediate reference said plea raised by ed is extracted herein below: the averments regarding the initiation of the proceedings under the income tax act have been answered by the first respondent. this respondent adopts the same as they are part of 26 for the offences under record. the averments in the petition that this ..... the r-2 dated:13.06.2018 and cognizance taken by the special court for economic order dated:18.6.2018 of the offences punishable u/s.277 and278of the income tax act, 1961 and193 199, and120 of ipc produced as annexure-h in w.p.no.6210/2019:between : sri. d.k. shivakumar s/o d.k. kempegowda aged about57years r/at ..... fill the vacancy, enters upon his office; (i) the appellant before the appellate tribunal may be authorized to engage any authorized representative as defined under section 288 of the income-tax act, 1961, (j) the punishment for vexatious search and for false information may be enhanced months imprisonment to two years imprisonment, or fine of rupees ten thousand to fine of rupees ..... therein and the authority for granting such sanction being under challenge, has to be necessarily confined to the 53 proceedings arising out of the income tax act, 1961. said order of interim stay of further proceedings arising out of it act cannot take within its sweep proceedings initiated or to be initiated under different enactments by different authorities. though in the statement of objections filed .....

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Jul 31 2019 (HC)

M/S. Kanhaiyalal Dudheria Vs. The Joint Commissioner of Income Tax

Court : Karnataka - Dharwad

..... notice of the assessing officer that said amount was spent towards construction of 169 houses and said expenditure was 13 claimed as allowable business expenditure under section 37 of the income tax act.11. the above expenditure having been disallowed as already noticed herein above by the assessing officer is now the subject matter of this appeal and substantial question of law framed ..... of 169 houses for the villagers who had lost their homes due to natural calamity on the ground that it was not an expenditure allowable under section 37 of the income tax act, 1961, despite mou dated 02.07.2010 having been entered by the petitioner with the jurisdictional deputy commissioner, government of karnataka?. brief background of the case:2. the appellant- ..... extraction of iron ore and also trading in iron ore. for the assessment years 2011-12 and 2012-13 return of income came to be filed by the assessee, was processed under section 143(1) of income tax act, 1961 5 (for short act). the assessing officer disallowed the amount claimed by the assessee as social welfare expenses in a sum of ` 1,61, ..... for sri h.r.kambiyavar, advocate) a n d :1. the joint commissioner of income tax, bellary range, aayakar bhavan, fort, ballari-583102. 2 2. commissioner of income tax, c.r. building, navanagar, hubballi-580025. (by sri.y.v.raviraj, advocate) ...respondents this appeal is filed under section260 of the income tax act, 1961, praying to formulate the substantial question of law as stated above and allow .....

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Sep 25 2018 (HC)

The Pr. Commissioner of Income Tax Vs. M/S. Chamundi Winery and Distil ...

Court : Karnataka

..... mr. m. lava. & mr. k. kiran kumar, adv. for respondent- assessee 1. the revenue has filed these five appeals under section 260-a of the income tax act, 1961 ( act for short) against the respondent assessee m/s. chamundi winery and distillery, bangalore (hereinafter referred to as chamundi for short) for a.y.2008-09 to 2012-13 ..... easily be a glaring case of base erosion and profit shifting by a multi national company. however we are not concerned with chapter x of the income tax act about the international taxation and transactions of remittances to uk company in the present case and date of judgment 25-09-2018 i.t.a.no ..... for and on behalf of the third party, viz. diageo, who was not at all subject to any control under the excise act. the income or business profits taxable under the income tax act, 1961 naturally arose out of the said business activity of manufacture and sale of liquor only. merely because the diageo is a ..... the assessee during the course of assessment proceedings took a stand that the payment made to m/s diageo was covered u/s.60 of the income-tax act, 1961. but it was brought to its notice that the nature of business as discussed in detail already does not permit any creation of charge ..... pan no.aaaefc5505. (by mr. a. shankar & mr. m. lava, advocates) respondent **** this i.t.a. is filed under section 260-a of income tax act 1961, praying to decide the foregoing question of law and/or such other questions of law as may be formulate by the hon ble court as deemed fit and .....

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