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Karnataka Dharwad Court October 2012 Judgments

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Oct 12 2012

T. Yunis Vs. National Highways Authority of India and Others

Court: Karnataka Dharwad

Decided on: Oct-12-2012

(Prayer: This Writ Appeal is Filed U/s.4 of the High Court Act, 1961, praying to allow the Writ Appeal by setting aside the order dated:29/08/2012 passed in W.P.No.63881/2012 and WP No.63913-15/2012 (Gm-Res) by the learned single judge of this Hon'ble Court and allow the Writ Appeal by allowing the Writ Petition No.63881/2012 and 63913-15/2012 as prayed for in Writ Petition.) 1. Heard Sri. S.N.Ashwathnarayana, learned counsel for the appellant and Government Advocate for R-2. 2. The appellant is challenging the legality and correctness of the order passed by the learned Single Judge in WP Nos.63881/2012 and 63913-15/2012 dated 29/8/2012, wherein, the petition filed by the appellant has been dismissed. 3. The facts leading to these appeals are as hereunder:- The appellant's land was notified for the benefit of the National Highway Authority under Sub Section (1) of Section 3 of the National Highways Act, for widening the National Highway No.13 at Amaravathi village of Hospet taluk. Prel...


Oct 03 2012

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

Court: Karnataka Dharwad

Decided on: Oct-03-2012

Dr. Bhakthavatsala, J. 1. 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 leading to the filing of 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 in the residence and factory of Smt.B.Sumangala Devi (in short the assessee) who is close associate of B.B. Swamy and seized gold, cash, silverware, other valuables and incriminating documents. During the assessment yea...


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