Karnataka Court June 1978 Judgments
Commissioner of Wealth-tax, Karnataka-i Vs. Christine Cardoza
Court: Karnataka
Decided on: Jun-08-1978
Reported in: [1978]114ITR532(KAR); [1978]114ITR532(Karn)
Srinivasa Iyengar, J.1. The Income-tax Appellate Tribunal, Bangalore Bench, has referred a question of law which is common to both the cases. The questions relates to the admissibility of a deduction as provided in section 59(1)(iv-a) of the Wealth-tax Act, 1957, as it stood in the relevant assessment years 1970-71 and 1971-72 (hereinafter referred to as 'the Act'). The question referred to is as follows : 'Whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the assessee is entitled to a deduction of one lakh fifty thousand rupees under section 5(1)(iv-a) of the Act ?' 2. The material facts lie in a marrow compass. The assessee and four others owned an estate known as the Shigade plantations in partnership. The estate was valued by an approved valuer whose valuation was accepted by the Wealth-tax officer. In determining the net wealth of the assessee for the assessment year 1970-71, what the Wealth-tax Officer did was to compute the...
Tag this Judgment!K. Jayaraja Ballal Vs. Alfred Quadres and anr.
Court: Karnataka
Decided on: Jun-08-1978
Reported in: AIR1979Kant134; ILR1978KAR1355
Sabhahit, J. 1. This appeal is instituted by the original 1st respondent under Section 110-D of the Motor Vehicles Act, 1939 (to be hereinafter called the 'Act') against the judgment and award dated 16th Dec. 1975, passed by the Additional District Judge and Member, Motor Accidents Claims Tribunal South Kanara, Mangalore, allowing the petition and granting compensation of Rupees 5,500/- along with costs and interest to the claimant, 1st respondent.2. The relevant facts relating to the present appeal are:The claimant Alfred Quadres, aged about 28 years was hit by a state carriage bearing No. MYX 7247 on 21-4-1974 at about 11-00 a. m near Coondapur as a result of which he was severely injured on his left arm and on the left side head. He instituted a petition before the Claims Tribunal claiming compensation of Rs. 30,000/- from the respondents alleging that the accident was the result of rash and negligent driving of the bus in question. Respondent-1 is the owner of the bus and responden...
Tag this Judgment!Commissioner of Wealth-tax, Karnataka-i, Bangalore Vs. Purushotham, Pa ...
Court: Karnataka
Decided on: Jun-02-1978
Reported in: [1978]114ITR270(KAR); [1978]114ITR270(Karn)
Venkataramiah, J.1. The following question has been referred to this court by the Income-tax Appellate Tribunal, Bangalore Bench, under the provisions of the Wealth-tax Act : 'Whether, on the facts and in the circumstances of the case, the Tribunal is right, in law, in holding that the assessee is entitled to the deduction of Rs. 1,50,000 under section 5(1)(iv-a) of the Wealth-tax Act, 1957 ?' 2. The assessee, P. Purushotham Pai, is the owner of one-third share in a coffee estate. The remaining two-thirds share in that coffee estate is held by other tenants-in-common. The appellant the value of the one-third share of the coffee estate in his return for the year 1970-71, under the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), and claimed allowance to the extent of Rs. 1,50,000 under the proviso to section 5(1)(iv-a) of the Act. The Wealth-tax Officer did not allow the exemption as claimed by the assessee. What he did was that he first valued the entire coffee estate inclu...
Tag this Judgment!Umesh Rudra Vs. Controller of Estate Duty, Karnataka
Court: Karnataka
Decided on: Jun-01-1978
Reported in: ILR1978KAR1533; [1978]114ITR127(KAR); [1978]114ITR127(Karn); 1978(2)KarLJ35
Srinivasa Iyengar, J.1. The income-tax Appellate Tribunal, Bangalore Bench, was referred the following question for decision of this court : 'Whether, on the facts and in the circumstances of the case, the value of the residential property known as 'Rajatadri' is includible in the principal value of the estate passing on the death of the deceased under section 10 of the Estate Duty Act, 1953 ?' 2. One B. Rudra alias Rudrashetty was the owner of the house by name 'Rajatadri' and the proceedings relate to the estate duty leviable in regard to his estate, he having died on August 2, 1963. By a registered deed dated 27th November, 1957, he has gifted the residential house to his wife. The gift was more than two years prior to his death. The estate duty authorities sought to include the value of the said house in determining the principal value of the estate passing on his death on the ground that the donee had not retained possession and enjoyment to the entire exclusion of the donor in re...
Tag this Judgment!Commissioner of Income-tax, Bangalore Vs. United Breweries Ltd.
Court: Karnataka
Decided on: Jun-01-1978
Reported in: [1978]114ITR901(KAR); [1978]114ITR901(Karn)
Venkatramaiah, J.1. This case arises out of a reference made by the Income-tax Appellate Tribunal, Bangalore Bench, Bangalore, under section 18 of the Companies (Profits) Surtax Act, 1964 (hereinafter referred to as 'the Act'), read with section 256(1) of the Income-tax Act, 1961. The assessee is M/s. United Breweries ltd., Bangalore. The assessment year is 1969-70. The assessee during the relevant assessment year held certain shares in some Indian companies. It transpired that during that assessment year, the assessee did not derive any income by way of dividend in respect of some of those shares, the cost of which to the assessee was Rs. 26,33,201. 2. In the course of the assessment proceedings under the Act, the assessee claimed that while determining its capital base for purposes of computing the statutory deduction to which it was entitled under the Act, the aforesaid cost of the shares which had not yielded dividend, viz, Rs. 26,33,201, should not be deducted under rule 2 of the ...
Tag this Judgment!State of Mysore and anr. Vs. Fatima Manvail Fernandis and ors.
Court: Karnataka
Decided on: Jun-01-1978
Reported in: AIR1979Kant138; 1979(1)KarLJ12
Sabhahit, J.1. These two appeals arise out of a common judgment and awards passed by the Motor Accidents Claims Tribunal, Karwar, in Miscellaneous Application Nos. 13 of 1967 and 36 of 1970.2. The two cases arise out of a common incident that occurred at about 5 P. M. On 25-1-1967 on Kumta-Sirsi road within the limits of Sirsi Municipality. A P.W. D. Truck was going the up gradient from Neelakani to Sirsi towing a tar mixing machine tagged to it with the help of a rope. Two girls Rozin (P.W. 1) and Fatima (P.W. 9) were returning from the school at that time. They were coming on their left side of the road. On seeing the truck they got up on the parapet wall of the drain. The truck passed by them. But, soon after, the tar mixing machine which was tagged to the truck with the help of the rope started sliding down as the rope snapped and it came and dashed against the girls. The right leg of P.W. 1 Rozin was crushed and the heels of both the legs of the other girl Fatima (P.W. 9) were als...
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