Karnataka Court December 2009 Judgments

The Commissioner of Income-tax and the Assistant Commissioner of Incom ...

Court: Karnataka

K.L. Manjunath, J.1. The respondent-assessee for the assessment year 1994-96 had received a sum of Rs. 3,73,000/- as A subsidy granted by the State to encourage a Hotel Industry set rap by tire assessee. The assessee for the assessment year 1954-95 claimed the said amount of subsidy towards the capital investment, which was disallowed by the asset assessing officer. Being aggrieved by the same, the assessee filed an appeal before the Commissioner of Income lax (Appeals) which appeal came to be allowed holding that the subsidy baa been granted to the assesses by the State as peer 1982-87/86 package of incentives and concessions and held that it is towards investment and not a revenue receipt Accordingly, the appeal came to be allowed.2. Being aggrieved by the order of Commissioner of Income Tax (Appeals), the revenue filed the Income Tax Appellate Tribunal, Bangalore in ITA No. 787/Bangelore/03 which appeal came to be dismissed confirming the order passed by the Commissioner of Income T...

Smt. Shalini JaIn W/O Rathnakar Jain, Proprietor, JaIn Travels Vs. the ...

Court: Karnataka

V. Gopala Gowda, J.1. These appeals are filed by the appellant-permit holder aggrieved by the impugned order dated 8-10-2009 passed by the learned Single Judge in W.P. Nos. 28713-28718/2009 in whose favour the Karnataka State Transport Authority (in short 'the KSTA') granted variation of conditions of the permit with the timings proposed by the permit holder. Another rival operator in the connected appeal is aggrieved by the order of the learned Single Judge setting aside the same in so far as it relates to extending interim order for the period of 4 weeks on 8-10-2009 as far as the appellant is concerned in respect of the appeal No. 2153/2007 before the KSTA, urging various facts.2. The brief facts are stated for the purpose of examining the rival legal contentions to find out as to whether the order impugned in the writ petitions is legal and valid. The permit holder filed an application before the 1st respondent KSTA seeking for variation of permit No. 75/DK/99-2000 for the route fr...

The Commissioner of Income-tax and the Income-tax Officer Vs. Sri Hari ...

Court: Karnataka

K.L. Manjunath, J.1. The Revenue has come up in this appeal challenging the legality and correctness of the order dated 07.10.2008 passed by the Income Tax Appellate Tribunal, Bangalore, in ITA No. 1012/BNG/2007, raising the following substantial questions of law:1. Whether the tribunal was correct in holding that interest payable of a sum of Rs. 37,45,042/- to the Director by 'be assessee company towards loan availed for purchase of the property (asset) should be added to the cost of acquisition of the asset when computing long term capital gains by quantification of the interest alter sale of the properly?2. Whether the tribunal failed to take into account that the interest component was worked out under the Board meeting minutes dated 24.01.2003 which was the due vide loiter dated 25.01.2006 after the sale of property dated 23.01.2003 indicating only a book entry and actual interest having not paid prior to the sale could not be added as part of cost of acquisition and consequently ...

Smt. Puttamani and Others Vs. Union of India, Rep. by the General Mana ...

Court: Karnataka

Reported in: ILR2010KAR3314

1. A person holding a platform ticket falls from a moving train and later dies. Whether the Railway Administration can be fastened with the liability to pay compensation for the death of such a person on an application filed by the wife and daughters of the deceased? This is the question that has come up for consideration in this appeal by the claimants before the Railway Claims Tribunal. The application filed by them was dismissed by the Tribunal.2.The facts in short are that on 24.2.2001. deceased Shankar Lingappa accompanied by his wife and daughter and grand daughter came to Mysore Railway Station and after his wife, daughter and grand daughter sat in the train, which was bound towards Bangalore, the deceased, who according to the claimants, was holding a platform ticket, alighted from the train at around 5.55 p.m. and as the train was moving, he fell down and his leg was caught between the platform and coach outside wall He was literally sandwiched between the two. Later, he succu...