Karnataka Court January 1991 Judgments
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Tejaswini Patil and Etc. Vs. Bangalore Uuniversity and Others
Court: Karnataka
Decided on: Jan-16-1991
Reported in: AIR1991Kant352; ILR1991KAR387; 1991(1)KarLJ556
ORDERRama Jois, J.1. Whether the evil of collection of heavy capitation fee for giving admission to the private medical colleges in the State by them, is really abolished as intended by the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act 1984, ('the Act' for short), or the evil is aggravated on account of the manner in which the Act is implemented by the State Government, in that, while the collection of heavy capitation fee continues unabated as alleged, heavy burden by way of tuition fees added by an order of the State Government issued under Section 5 of the Act? Is the main question of great public importance, which arises for our consideration in these two writ petitions presented by the petitioners who complain that they were dented admission to the private medical colleges concerned, though they had secured higher percentage of marks in the qualifying examination, whereas large number of students who had secured lesser marks than them, have been admitted i...
Commissioner of Gift-tax Vs. G.L. Nallure Gowda
Court: Karnataka
Decided on: Jan-16-1991
Reported in: [1992]194ITR224(KAR); [1992]194ITR224(Karn)
K. Shivashankar Bhat, J.1. The two questions referred for our answer under the provisions of the Gift-tax Act read thus : '1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that there is no taxable gift on account of the induction of Manjunath, who was given 15 per cent. share as partner and thereby reducing the share of the assessee from 35 per cent. to 20 per cent. ?; and 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in coming to the conclusion that it is not necessary to go into the valuation of the gift ?' 2. Both the questions are to be answered in the affirmative and against the Revenue following the decision of this court in Shah (D. C.) v. CGT : [1982]134ITR492(KAR) . Reference in answered accordingly. ...
Commissioner of Income-tax Vs. Kissan Products Ltd.
Court: Karnataka
Decided on: Jan-14-1991
Reported in: [1991]190ITR649(KAR); [1991]190ITR649(Karn); 1991(1)KarLJ408
K. Shivashankar Bhat, J.1. The following questions have been referred under section 256(2) of the Income-tax Act, 1961 : '(i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in upholding the Commissioner of Income-tax (Appeals') order who directed the Income-tax Officer to recompute the surtax liability after converting the foreign loan at the rate of exchange available on the relevant date (ii) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in upholding the Commissioner of Income-tax (Appeals') order who directed the Income-tax Officer to make adjustment for relief allowed in the income-tax assessment ?' 2. It is admitted by both sides that the answer to the second question depends upon the answer to the first question and if the answer to the first question is against the Revenue, the second question will also have to be answered against the Revenue. 3. The assessee obtained a long-term...
Commissioner of Wealth-tax Vs. M. Ramachandran
Court: Karnataka
Decided on: Jan-14-1991
Reported in: (1991)99CTR(Kar)244; [1991]191ITR186(KAR); [1991]191ITR186(Karn); [1992]62TAXMAN125(Kar)
K. Shivashankar Bhat, J. 1. The following questions have been referred for our opinion under the provisions of the Wealth-tax Act, 1957 : '(1) Whether, on the facts and in the circumstances of the case, the reopening of the assessments for the years 1964-65 to 1971-72 were under section 17(1)(b) of the Wealth-tax Act and not under section 17(1)(a) of the Wealth-tax Act (2) Whether, on the facts and in the circumstances of the case, the valuer's report for the subsequent years cannot be treated as information for reopening the earlier year's assessment under section 17(1)(b) of the Wealth-tax Act ?' 2. The assessment years are 1964-65 to 1971-72. The assessments were completed initially on March 23, 1973. Within four days, notices under section 17 were issued and served on the assessee. The reason for this is stated in the statement of the case thus : 'The assessee has filed a valuer's report dated January 12, 1973, wherein the value of property known as Madumbai property is shown at R...
Dr. Manickchand R. Tanga Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Jan-14-1991
Reported in: [1991]190ITR336(KAR); [1991]190ITR336(Karn)
K. Shivashankar Bhat, J. 1. The question of law referred for our opinion is as follows : 'Whether, on the facts, the Tribunal was right in holding that the share of income of the 'Tanga Family Trust' from the firms of M/s. R. A. Tanga and M/s. Tanga Agencies is includible in the applicant's total income under section 64(1)(iii) of the Income-tax Act, 1961, for the assessment year 1977-78 ?' 2. The relevant facts are that one Jaikumar Tanga created a trust under the name and style of 'Tanga Family Trust' by a deed dated February 1, 1976, with a view to providing education, medical aid and for marriage expenses, etc., for the named minor children of the assessee. The assessee was appointed as the trustee. The four beneficiaries who were minors were the to have the profit and bear the losses equally. Similarly, their interest in the corpus of the trust was also equal. The assessee as the trustee invested the trust funds in the firms called 'M/s. R. A. Tanga' and 'M/s. Tanga Agencies' and ...
Mysore Rolling Mills Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Jan-14-1991
Reported in: [1992]195ITR404(KAR); [1992]195ITR404(Karn)
K. Shivashankar Bhat, J.1. The following question has been referred under section 256(2) of the Income-tax Act, 1961 :'Whether, on the facts and in circumstances of the case, the loss of Rs. 10,86,300 claimed by the assessee could be disallowed by applying Explanation 2 to section 73 of the Income-tax Act, 1961 ?'2. The assessee is a private limited company. The assessment year is 1978-79. The assessee-company purchased 12,070 shares of another company called 'P. G. Textile Mills Ltd., Baroda', in April and in April and September, 1976, at the rate of Rs. 100 per share; but subsequently sold them to one N. L. Rungta of Bangalore and M/s. Rajesh Engineering Company Pvt. Ltd., Bangalore, at the rate of Rs. 10 per share. These sales were in April and August, 1977. In this process, the assessee-company sustained a loss of Rs. 10,86,300. This the assessee claimed as a 'short-term capital loss'.3. The assessing authority held that, as per the memorandum of association of the assessee-company...
Hind Nippon Rural Industries Pvt. Ltd. (No. 2) Vs. Commissioner of Inc ...
Court: Karnataka
Decided on: Jan-14-1991
Reported in: 1993(43)ECC132; [1993]201ITR588(KAR); [1993]201ITR588(Karn)
K. Shivashankar Bhat, J.1. The following questions have been referred under section 256 (1) of the Income-tax Act, 1961 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holdings that the assessee was not an industrial company within the meaning of section 2(7) (c) of Finance (No. 2) Act, 1977 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was not entitled to investment allowance under section 32A of the Act in respect of mobile crane and air compressor ?' 2. This reference arise out of the assessment proceedings for the assessment year 1977-78. The assessee claimed the benefits of investments allowance regarding mobile crane and air compressors owned by it. The assessing authority states that the machinery has been used in 'open cast mining'. However, he states that mining does not fail within the concept of manufacture or processing of goods and, therefore, section 32A(2)(...
Council of the Institute of Chartered Accountants of India, New Delhi ...
Court: Karnataka
Decided on: Jan-10-1991
Reported in: AIR1991Kant380; 1991(1)KarLJ278
ORDERK. Shivashankarabhat, J.1. This is matter which has come to this Court under Section 21(5) of the Chartered Accountant Act, 1949 (for short `the Act'). The respondent is a Chartered Accountant.For the take of convenience the Council of the Institute of Chartered Accountants of India is referred as the petitioner. A complaint was lodged against the respondent by the Joint Chief Controller of Imports and Exports alleging that respondent has issued a factious certificate of purchases turnover of books for Rupees 22,00,000/- to M/s.Vengateswara Book House,Bangalore April-March 1980-81 period. The complainant stated that the respondent was guilty of professional misconduct under Clause (7) of Part I of Second Schedule to the Chartered Accountants Act, 1949.2. It seems relying on the certificate issued by the respondent, an Import Licence was issued to M/s.Vengateshwara Book House on 7th August, 1981.Subsequently on realising that it is a non existing one, this licence was cancelled.The...
B. Krishna Bhat Vs. Bangalore Development Authority
Court: Karnataka
Decided on: Jan-10-1991
Reported in: ILR1991KAR352; 1991(1)KarLJ240
ORDERBalakrishna, J. 1. The petitioners in these cases have sought for a Mandamus directing respondent-1 Bangalore Development Authority (B.D.A) to refund to the petitioners all the amounts illegally collected by them by way of taxes, cesses, fee etc., relating to the vacant lands and buildings and also for a direction to the B.D.A. to stop collection of taxes, cesses, fee etc., on such vacant land and buildings. The petitioners have also sought for additional reliefs in the nature of a declaration that the B.D.A. has no Authority of Law conferred under the Bangalore Development Authority Act, 1976 ('the Act' for short) to levy, assess or recover property tax and other taxes from the concerned members of the public and For a , declaration that Section 29 of the Act is ultra-vires, unconstitutional and void and for a declaration that Section 29 of the Act cannot be enforced by the B.D.A. for the purpose of levy, assessment, imposition and recovery of property tax.2. All the 17 petitione...
Deputy Commissioner Vs. Vali Ahmed Sheriff
Court: Karnataka
Decided on: Jan-10-1991
Reported in: ILR1991KAR2394; 1991(2)KarLJ135
Rama Jois, J1. This Appeal is by the Deputy Commissioner, Hassan, against the order of the Arbitrator, nominated by the State Government under Section VI of the Karnataka Contract Carriages (Acquisition) Act, 1976, for short (the Act).2. The brief facts of the case are these: The Act was enacted by the State Legislature providing for acquisition of Contract Carriages in the State and for matters incidental, ancillary or subsidiary thereto. The Act came into force with effect from 30-1-1976, replacing the Karnataka Contract Carriages (Acquisition) Ordinance 1976 which had been promulgated on the said date. Under Section 4 of the Act every contract carriage owned by a private operator along with its permit and Certificate of Registration stood vested in the State Government absolutely and free from all encumbrances:(b) such contract carriage shall be freed and discharged from any trust, obligation, mortgage, charge, lien, hire, purchase, agreement or otherwise and all other encumbrances ...
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