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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: karnataka Year: 2012 Page 1 of about 46 results (0.021 seconds)

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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Oct 03 2012 (HC)

The Commissioner of Income Tax and Another Vs. Mrs. B. Sumangaladevi

Court : Karnataka Dharwad

Decided on : Oct-03-2012

..... the appeal may be stated as under: during the course of income tax department search in the case of b.b. swamy on 10.12.1991, the income tax department seized certain amount and as per the provisions of the income tax act, 1961 (in short ??the act), the same was adjusted as against the income tax demand raised against him. further, simultaneous search was conducted at bangalore ..... years. the board is constituted under the central board of revenue act, 1963. it is one of the six authorities constituted under the act (vide sections 116 of the act). this is the highest executive authority for administering the direct tax. it controls all the income tax authorities that are appointed under the income tax act. it is empowered to issue orders and directions to all ..... the officers employed in the department and to make rules for carrying out the provisions of the act (vide sections 119 and 268a of the act). tax payers desire to reduce their tax liability to the minimum. ..... this is an appeal filed under section 260a of the income tax act, 1961, by the revenue, questioning the legality of the order dated 1.10.2004 made in ita no.77/pnj/2002 on the file of income tax appellate tribunal (itat), panaji bench at panaji, confirming the order of the commissioner of income tax (appeals), at belgaum. 2. brief facts of the case .....

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Sep 11 2012 (HC)

Gupta Coal (India) Limited, Rep. by Its Authorised Signatory, Sumith R ...

Court : Karnataka

Decided on : Sep-11-2012

..... particular object as mentioned supra. merely because it is open for petitioner no.1 to submit the income tax returns before the concerned income tax authority within one year as per section 139(4) of the income tax act, the respondent no.1 is not expected to wait for one more year by deviating from the ..... financial year 2010-11 is a mere procedural delay, for which specific exception has been provide under the provisions of section-139 of the income tax act, 1961; the delay on the part of the 1st petitioner is neither intentional nor a deliberate breach of fulfillment of the conditions set ..... time before the expiry of one year from the end of the relevant assessment year under section 139(4) of the income tax act. however, according to the petitioners, the 1st respondent intimated the 1st petitioner by an oral communication that the time of file the acknowledged copy ..... 3.3.2012 bringing to the notice of the 1st respondent that as per section 139(4) of the income tax act, the petitioners have got opportunity to submit the returns before the income tex authority at any time before the expiry of one year from the end of the relevant assessment year. ..... terms and conditions stated therein are not strictly adhered to and necessary relaxation is permitted wherever necessary and desired; since the petitioners have filed the income tax returns as required and produced the acknowledgement after submission of the techno-commercial bid within the extended time, 1st respondent ought not to have .....

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Sep 11 2012 (HC)

Gupta Coal (India) Limited, Rep. by Its Authorised Signatory, Sumith R ...

Court : Karnataka

Decided on : Sep-11-2012

..... particular object as mentioned supra. merely because it is open for petitioner no.1 to submit the income tax returns before the concerned income tax authority within one year as per section 139(4) of the income tax act, the respondent no.1 is not expected to wait for one more year by deviating from the ..... financial year 2010-11 is a mere procedural delay, for which specific exception has been provide under the provisions of section-139 of the income tax act, 1961; the delay on the part of the 1st petitioner is neither intentional nor a deliberate breach of fulfillment of the conditions set ..... time before the expiry of one year from the end of the relevant assessment year under section 139(4) of the income tax act. however, according to the petitioners, the 1st respondent intimated the 1st petitioner by an oral communication that the time of file the acknowledged copy ..... 3.3.2012 bringing to the notice of the 1st respondent that as per section 139(4) of the income tax act, the petitioners have got opportunity to submit the returns before the income tex authority at any time before the expiry of one year from the end of the relevant assessment year. ..... terms and conditions stated therein are not strictly adhered to and necessary relaxation is permitted wherever necessary and desired; since the petitioners have filed the income tax returns as required and produced the acknowledgement after submission of the techno-commercial bid within the extended time, 1st respondent ought not to have .....

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Jun 05 2012 (HC)

A. Kowsalya Bai and ors Vs. Union of India and ors.

Court : Karnataka

Decided on : Jun-05-2012

..... 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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Jun 05 2012 (HC)

Smt A. Kowsalya Bai and Others Vs. Union of India and Others

Court : Karnataka

Decided on : Jun-05-2012

Reported in : 2012(3)KCCR2471

..... 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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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 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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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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