Karnataka Court March 1981 Judgments

Controller of Estate Duty, Bangalore Vs. K.C.D. Swamy

Court: Karnataka

Reported in: [1982]134ITR33(KAR); [1982]134ITR33(Karn)

Rama Jois, J.1. The Income-tax Appellate Tribunal, Bangalore Bench, has referred the following question for the opinion of this court under s. 64(1) of the E.D. Act, 1953: 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the value of the property bearing Municipal No. 2, Artillery Road, Bangalore, held by the nominal owner, viz., the late Smt. Bagirathiammal was not includible in the principal value of the estate passing on the death of Smt. Bagirathiammal ?' 2. The reference arises out of the assessment to estate duty of the estate passing on the death of one Smt. Bagirathiammal, who died on March 18, 1968. Her husband, Shri K. C. D. Swamy, has been treated as the accountable person. During the pendency of this reference, Shri K. C. D. Swamy also died and his legal representatives have been brought on record as respondents. 3. The accountable person started his career as an army soldier clerk in the Indian Army at Rangoon. He r...

Bhaktavarmalshivalal Ostwal Vs. Controller of Estate Duty Karnataka

Court: Karnataka

Reported in: (1981)24CTR(Kar)13; ILR1981KAR1214; [1983]140ITR871(KAR); [1983]140ITR871(Karn); [1981]7TAXMAN321(Kar)

Rama Jois, J. 1. Pursuant to the order by this court in Civil Petition No. 264 of 1976, the Income-tax appellate Tribunal, Bangalore Bench, has referred the following question for the opinion of this court: 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the inclusion of a sum of Rs. 9,690 in the principal value of the estate by way of the share of the deceased in the goodwill of the firm, was justified ?' 2. One S.Hansaji Ostwal was a partner of the firm, M/s. Shah Shivalal Hansaji Ostwal. It was doing business in commission agency and trading in cotton seeds at Kundgol in the district of Dharwad. HansajiOstwal died on September 12, 1971. He has 17% share in the firm. Bhaktavarmal Shivalal Ostwal, son of the deceased partner, became an accountable person for the purpose of levy of estate duty under the provisions of the E.D. Act, 1953. The Assistant Controller of Estate Duty, Hubli, while computing the estate duty on the assets which...

United India Fire and General Insurance Co. Vs. Azeerunnisa and ors.

Court: Karnataka

Sabhahit, J.1. These appeals by the insurance company are directed against the order passed in F.C No. 27 of 1977-78 on April 30, 1979, on the file of the Commissioner, for Workmen's Compensation Act, Bangalore Urban District, Bangalore, and awards made in M.V.C No. 143 of 1976, M.V.C No. 191 of 1979 and M.V.C No. 160 of 1976, on the file of the Motor Accidents Claims Tribunal, Bangalore City, on December 4, 1978. 2. The points raised before us in these appeals are that the Tribunal was not justified in saddling the entire liability on the insurance company as the insurance company is liable to discharge the liability only to the maximum extent of Rs. 50,000. The second point raised by the learned counsel for the appellant is that the maximum limit of Rs. 50,000 includes the liability arising under the Workmen's Compensation Act also. 3. As against this, the learned counsel for the claimants submitted that the policy was a comprehensive policy and as such the insurance company was lega...

Oriental Fire and General Insurance Co. Ltd. Vs. Tippanna Gadageppa Ku ...

Court: Karnataka

Reported in: [1983]54CompCas792(Kar)

Nagappa, J.1. This appeal by the insurer is directed against the judgment and award dated December 18, 1979, passed by the Motor Accidents Claims Tribunal, Dharwad, in M.C. (M.V.C.) No. 76 of 1978 fixing the liability of the insurance company along with the owner and the amount awarded to be paid by the insurance company under s. 110B of the M.V. Act. 2. The only point that was canvassed for our consideration by the learned counsel for the appellant is that the vehicle was not insured on the date of accident, namely, on February 11, 1978. If that is so, the Tribunal was not justified in fixing the liability on the insurance company. 3. A perusal of the records indicate that the insurance company has issued renewal receipt on February 14, 1978, after having received the premium due thereunder on February 13, 1978, and with effect from February 10, 1978, for a period of one year thereafter. The accident happened on February 11, 1978. Therefore, it is clear that policy was in force on the...

Hindustan Aeronautics Ltd. Vs. Commissioner of Income Tax

Court: Karnataka

Reported in: (1981)22CTR(Kar)91; [1981]6TAXMAN264(Kar)

ORDERChandrakantaraj Urs, J.1. Petitioner Hindustan Aeronautics Limited is an assessee under the IT Act, 1961, (hereinafter referred to as the Act.) 2. For the asst. yr. 1970-71 relating to the financial year ending 31-3-1969, the petitioner filed an appeal before the AAC of It against the assessment order of the ITO. The appeal was on several grounds relating to several aspects of the assessment order with which the assessee was aggrieved. The appeal came to be partly allowed and partly disallowed by the AAC by his order dt. 27-10-1976. Petitioner assessee filed an appeal against the order of the AAC, to the extent the appeal was disallowed, before the Tribunal at Bangalore. The appeal before the Tribunal came to be withdrawn with the permission of the Tribunal on 9-5-1977 and on 17-5-1977 a revision application came to the filed u/s 264 of the Act before the CIT, Karnataka, Bangalore the respondent herein - against the order of the AAC to the extent the assessee petitioner was dissat...

Hindustan Aeronautics Ltd. Vs. Commissioner of Income-tax, Karnataka-i

Court: Karnataka

Reported in: [1981]132ITR461(KAR); [1981]132ITR461(Karn)

Chandrakantaraj Urs, J. 1.The petitioner, Hindustan Aeronautics Limited, is an assessee under the I.T. Act, 1961 (hereinafter referred to as 'the Act'). 2. For the assessment year 1970-71, relating to the financial year ending March 31, 1969, the petitioner filed an appeal before the AAC against the assessment order of the ITO. The appeal was on several grounds relating to several aspects of the assessments order with which the assessee was aggrieved. The appeal came to be partly allowed and partly disallowed by the AAC by his order dated October 27, 1976. The assesses-petitioner filed an appeal against the order of the AAC, to the extent the appeal was disallowed, before the Tribunal at Bangalore. The appeal before the Tribunal came to be withdrawn with the permission of the Tribunal on May 9, 1977, and on May 17, 1977, a revision application came to be filed under s. 264 of the Act before the Commissioner of Income-tax, Karnataka, Bangalore - the respondent herein - against the order...

The State of Karnataka Vs. Chandrappa and anr.

Court: Karnataka

Reported in: 1981CriLJ1349; ILR1981KAR847; 1981(2)KarLJ66

Nesargi, J.1. The State has filed this appeal under Section 377 Cr.P.C. 2. The few facts giving rise to this appeal may be narrated briefly as follows : Two accused persons out of whom A-2 is the only person concerned in this appeal as by an order passed by this Court on 16-1-1981 the appeal against A-1 was dismissed for non-prosecution. were tried by the Judicial Magistrate, First Class, Basavakalyan. in C.C. No. 10/3/76 for having committed offences punishable under Sections 457 and 380 r/w 34 of IPC. The learned Magistrate found them guilty of having committed the said offences and convicted them. In regard to the question of sentence to be passed on them. he observed as follows : '...... However, there is no evidence before the Court that there are previous convictions to the accused; that they have committed offences in question for the first time. It is also clear from the records that accused-1 in this case has remained in custody for a period of about more than two months and A...

Rao and Company Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1981KAR681; [1981]47STC421(Kar)

Rama Jois, J.1. In this revision presented under section 23(1) of the Karnataka Sales Tax Act, 1957, the following question of law arises for consideration : 'Whether carbon dioxide falls under entry 121 of the Second Schedule to the Karnataka Sales Tax Act, 1957, for purposes of levy of tax under the said Act ?' 2. The facts of the case are as follows : The petitioner deals in industrial gases like oxygen, nitrogen, etc. The assessment year is 1973-74. The sales turnover of the petitioner relating to carbon dioxide was brought to tax under section 5(1) of the Karnataka Sales Tax Act, 1957 (hereinafter referred to as 'the Act'), at the rate of 3 1/2 per cent by the assessing authority. The Deputy Commissioner was of the opinion that the order of the assessing authority was erroneous and prejudicial to the revenue. Therefore in exercise of his power under section 21 of the Act he proposed to revise the order as in his opinion carbon dioxide was liable to tax at 6 per cent under entry 12...

Marappa and ors. Vs. Thimmegowda and anr.

Court: Karnataka

Reported in: AIR1981Kant121; ILR1981KAR688; 1981(2)KarLJ73

1. This appeal is by the legal representatives of defendant No. I and is directed against the judgment and decree dated 28-2.4979 of the Principal Civil Judge, Bangalore District, Bangalore, in R. A. No. 11 of 1978 affirming the judgment and decree dated 26-11-1977 of the Munsiff, Doddaballapur in O. S. No. 168 of 1969.2. On 4-10-49, respondent No. 1/plainiff instituted O. S. No. 168 of 1969 against defendant No. 1 and his brother Hanumantharayappa who was arrayed as defendant No. 2 for recovery of possession of a house bearing No. 53 and vacant site situated at Muppadigatta in Madure Hobi, more fully described in the plaint schedule. He claimed title to the Property under a registered gift deed dated 27-3-1941 executed by his mother-in-law Smt. Hanumakka. He alleged that the defendants were in possession of the game as trespassers without, any manner of right, title and interest and they had not delivered the same when called upon by him to do so.3. In his written statement, defendant...

Addl. Commissioner of Income-tax, Karnataka Vs. Kapila Textiles (P). L ...

Court: Karnataka

Reported in: [1981]129ITR458(KAR); [1981]129ITR458(Karn)

Rama Jois, J. 1. The Income-tax appellate Tribunal, Bangalore Bench, has referred the following question for the opinion of this court under s. 256(1) of the I. T. Act, 1961 (hereinafter referred to as 'the Act') : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the unabsorbed depreciation of past years can be set off against the profit under section 41(2) assessable in the assessment year 1964-65 ?' 2. Briefly stated, the facts of the case are as follows : The assessee is M/s. Kapila Textiles (P.) Ltd. It ceased to carry on its business in the year 1956 and went into liquidation on June 19, 1958. During the year 1957-58, there was unabsorbed depreciation carried forward which amounted to about Rs. 28.48 lakhs. On March 24, 1961, the liquidator sold the building, plant and machinery in auction. But actually, the sale deed was executed on May 9, 1963. The previous year for the assessment year 1964-65, with which the ref...