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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: karnataka Page 1 of about 10,266 results (0.044 seconds)

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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Aug 31 2018 (HC)

The State of Karnataka Vs. M/S. Ws Retail Services Private Limited

Court : Karnataka

..... 1957 and karnataka entertainment act, 1958. (b) clause ..... and calculations have been given on the basis of which the amount has to be calculated under the scheme, 1998, irrespective of the provisions of the income-tax act. nowhere under the scheme, 1998, is it stated that the assessment which have already been made and where the amount paid under section 140a has been ..... tax for the purpose of the scheme with regard to; karnataka value added tax act, 2003 (for short kvat act ) and central sales tax act, 1956 (for short cst act ) on the one hand and also for the purpose of karnataka tax on entry of goods act, 1979, karnataka tax on profession, trades, callings & employment act, 1976, karnataka tax on luxuries act, 1979, karnataka agricultural income tax act, ..... for all years up to 31.03.2016 as regards the following acts: (i)karnataka tax on entry of goods act, 1979 (ii)karnataka tax on profession, trades, callings and employments act, 1976 (iii)karnataka tax on luxuries act, 1979 (iv)karnataka agricultural income tax act, 1957 and (v)karnataka entertainments tax, 1958. (b) relating to assessment/reassessment orders under the provisions .....

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Aug 30 2018 (HC)

The Commissioner of Income Tax Vs. Smt Meenakshi Devi Avaru

Court : Karnataka

..... the said judgment are quoted below:- 10. though the language of the wealth tax act and the income tax act may be different in as much as the words used in the wealth tax act are belonging to and in the income tax act the words used are owner , there can be no dispute that belonging to ..... be made in the case of the respondent assessees under the wealth tax-act as such protective assessments are allowed under the scheme of the income tax act although for which there are no separate statutory provisions in the income tax act or wealth-tax act, but such protective assessments are allowed to avoid failure of levy ..... gupta j.(as his lordships then was) held that though the language of wealth-tax act and the income tax act may be different in as much as the words used in the wealth-tax are belonging to and in the income tax act, the words used are owner , there can be no dispute that date ..... of evacuee property was not the owner of the property. this again, as observed, dealt with the expression of section 9 of the indian income- tax act, 1922. at page 575 of the report, certain observations were relied upon in order to stress the point that these observations were in ..... temporary or semi-permanent constructions of sheds and other structures for public functions from which the assessees are undoubtedly earning the regular income and which is also offered to tax under the income tax act, the lands in question cannot be said to be falling in the exclusion category in clause (b) of the explanation .....

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Aug 10 2018 (HC)

M/S T T K Prestige Ltd Vs. The Deputy Commissioner of Income Tax

Court : Karnataka

..... made the following: order this writ petition is filed by the petitioner- assessee challenging the notice [annexure-g]. dated 11.02.2014 issued under section 148 of the income tax act, 1961 ['act' for short]. as also the order dated 1.7.2015 [annexure-q]., issued by the respondent, rejecting the objections of the petitioner.2. this is the second ..... after substitution of section 147 of the income tax act, 1961 by direct tax laws (amendment) act, 1987?. to answer the above question, we need to note the changes undergone by section 147 of the income tax act, 1961 [for short, "the act"].. prior to direct tax laws (amendment) act, 1987, section 147reads as under:"147. income escaping assessment. if [a]. the income-tax officer has reason to believe that, by ..... reason of the omission or failure on the part of an assessee to make a return under section 139 for any assessment year to the income-tax officer or ..... when jurisdiction under section 263 is invoked. thus where an assessing officer incorrectly or erroneously applies law or comes to a wrong conclusion and income chargeable to tax has escaped assessment, resort to section 263 of the act is available - 30 - and should be resorted to. but initiation of reassessment proceedings will be invalid on the ground of change of .....

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Jul 23 2018 (HC)

M/S Fidelity Business Services India Pvt Ltd Vs. Assistant Commissione ...

Court : Karnataka

..... in the appeal. in other words, though not by any express provision, yet ancillary to the jurisdiction given by section 254 of the income-tax act, the income-tax appellate tribunal has power to restore and rehear an appeal disposed of an the merits in the absence of any hearing. 58. in the ..... and the high court affirmed the decision of the tribunal. on appeal to the supreme court: held, that under section 254 (1) of the income-tax act, 1961, the appellate tribunal had no power to take back the benefit conferred by the assessing officer or enhance the assessment. since the assessing ..... though such expenditure cannot be admissible as development rebate, but the same was admissible as an allowance under section 10(2)(v) of the income tax act and it allowed the expenditure as current repairs to the existing machinery . the apex court upholding the said order of the learned tribunal held ..... bed-rock of this appeal, in which we propose to interpret the powers of the tribunal while dealing with the appeals under section 254 of the income tax act, 1961.4. this appeal has been filed by the appellant assessee - m/s. fidelity business services india pvt. ltd., bengaluru, raising the ..... acquire credibility only when people will be convinced that justice is based on the foundation of the truth 3. whether the income tax appellate tribunal, being a creature of statute, income tax act and being the final fact finding body and being a non- departmental appellate forum also has a similar mandate in law .....

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Jul 23 2018 (HC)

The Commissioner of Income Tax Vs. M/S Prakash Electric Company

Court : Karnataka

..... hands of the successor company. the learned ar further submitted that except clause (b) of proviso to section 47(xiii), all the conditions are satisfied. section 47a(3) of the income-tax act. section 47a(3): where any of the conditions laid down in the proviso to clause (xiii) or the proviso to clause (xiv) of section 47 are not complied with, the ..... finance ita no.884/2007 c/w ita no.60/2015 date of order:23. 07-2018. the commissioner of income tax & anr. vs. m/s prakash electric company 9/30 act, 1998 with effect from 01.04.1999. the relevant observations of the income tax appellate tribunal in this regard are quoted below for ready reference: 45. now, before we discuss as to whether ..... ) ita no.884/2007 c/w ita no.60/2015 date of order:23. 07-2018. the commissioner of income tax & anr. vs. m/s prakash electric company 13/30 of section 47 of the act is a beneficial provision introduced by finance act, 1998 with effect from 01.04.1999 to encourage corporatisation in the business world and to avoid levy of taxation ..... on such restructuring of business organizations, the parliament did not intend to levy of any income tax and therefore, subject to the conditions stipulated in proviso (a) to (e) of clause (xiii) in section 47 of the act, such transfer of capital assets or the intangible asset by the firm to a limited company was sought to be .....

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