Karnataka Court July 2015 Judgments
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M/s. Madras Cements Limited Vs. The Additional Commissioner of Central ...
Court: Karnataka
Decided on: Jul-02-2015
(Prayer: This CEA is filed under Sec.35G of the Central Excise Act, arising out of order dated 29.5.12 passed in final Order NO.E/361/2010 with a prayer to set aside the final order in Appeal NO.E/361/2010 dated 29.5.12 for the period 01.04.2008 to 31.07.2008.) Vineet Saran, J. 1. The dispute in the present appeal is with regard to the interpretation of place of removal of goods for the purpose of input service under the CENVAT Credit Rules, 2004. 2. The appellant-assessee deals in the manufacture and sale of cement. According to the appellant, in the present case, sale of cement was made at the destination of the buyer and hence the appellant would be entitled to CENVAT credit on input service on transportation of the cement sold by the appellant-assessee. Initially, the period in dispute was from August-2006 to October-2007 and from November-2007 to July- 2008. In view of the change in definition of input service provided in Rule 2(1) of the CENVAT Credit Rules, 2004 w.e.f. 1.4.2008 ...
K. Kashinatha Rao, by LRs. and Others Vs. K. Gayathri and Others
Court: Karnataka
Decided on: Jul-02-2015
(Prayer: This Regular First Appeal filed under Section 96 read with Order 41, Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated 12.11.2010 passed in O.S.No.11210/1998 on the file of the XXVIII Additional City Civil Judge, Mayo Hall, Bangalore, partly decreeing the suit for the partition and separate possession.) ƒ 1. Heard the learned counsel for the appellants und the learned counsel for the respondents. 2. The controversy is restricted in this appeal to the shares allotted to the respective parties. In that, the court below has decreed the suit for partition and has held that Plaintiff Nos.1 and 2 were entitled to 1/20th share each in the suit properties and that the claim of Plaintiff No.3 for partition and separate possession of share in the suit properties, was dismissed. 3. The plaintiffs were the daughters born to Plaintiff No.3 who was admittedly the second wife of Kashinath Rao, who died during the pendency of the suit. Kashinath Rao had m...
C. Chinnappa and Another Vs. H.N. Bhavani Natesh and Another
Court: Karnataka
Decided on: Jul-02-2015
(Prayer: This W.P.is filed under Articles 226 and 227 of the Constitution of India praying to set aside the Order at Annx-A dt.13.1.2015 passed by the XII Addl. City Civil Judge, Bangalore in Ex. Case No.1069/2011, by directing the execution court permit the petitioners to mark the certified copy of the absolute sale deed dt.6.10.2006 and etc.) 1. The order dated 13.1.2015 passed in execution proceedings in Exn.P.1069/11 which is pending on the file of the XII Additional City Civil Judge, Bengaluru, is called in question. 2. During the course of his evidence, the objector wanted to get a copy of the sale deed dated 6.10.2006 marked as an exhibit on his behalf. The learned judge has not allowed the said document to be got marked on the ground that it is still pending consideration before the concerned Sub Registrar for under-valution. The learned judge has held that the document now tendered by the objector is yet to be registered as an absolute sale deed. He has further held that even ...
k.v.g. Dental College and Hospital Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-02-2015
- 1 - W.P.Nos.27342-27345/2015 A/W W.P.Nos.27348-27354/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE02D DAY OF JULY2015BEFORE THE HONBLE MR.JUSTICE H.G.RAMESH WRIT PETITION Nos.27342-27345/2015 WRIT PETITION Nos.27348-27354/2015 A/W R ABHIJIT P S/O M.K.PURUSHOTHAMAN AGED ABOUT21YEARS K.V.G.DENTAL COLLEGE & HOSPITAL KURUNJIBAG 574 327 SULLIYA, DAKSHINA KANNADA REP. BY ITS GENERAL SECRETARY DR. RENUKA PRASAD K.V. AGED ABOUT54YEARS IN W.P.Nos.27342-27345/2015 BETWEEN:1. 2. 3.4. [PETITIONER Nos.2 TO4ARE STUDENTS OF1T YEAR BDS COURSE AT K.V.G.DENTAL COLLEGE & HOSPITAL KURUNJIBAG 574 327 SULLIYA, DAKSHINA KANNADA]. (BY SRI MADHUSUDAN R. NAIK, SR. COUNSEL FOR SRI ABHISHEK MALIPATIL, ADVOCATE) ... PETITIONERS NAYANA D/O TOMY JOSEPH AGED ABOUT18YEARS SHIYAS PARAVATH S/O SHIBHAB KANDATH AGED ABOUT18YEARS W.P.Nos.27342-27345/2015 A/W W.P.Nos.27348-27354/2015 - 2 - STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY MEDICAL EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE VIKASA SOUDH...
Sri K Kashinatha Rao Since Dead by His Lrs Vs. Smt K Gayathri
Court: Karnataka
Decided on: Jul-02-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE02D DAY OF JULY, 2015 BEFORE THE HON'BLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL No.2157 OF2010Smt. Sakku Bai, Wife of Late Kashinath Rao, Aged 64 years, Smt. Heerabai, Wife of Late Kashinath Rao, Aged 46 years, Son of Late Kashinath Rao, Aged 44 years, Sri. K. Kashinatha Rao Since dead by his Legal Representatives:- BETWEEN:1. 1a) 1b) 1c) K. Ramachandra Rao, Appellant Nos.1(a) to (c) are Residing at No.8, 2nd Cross, Co-op. Colony, Krishnagiri Town, Dharmapuri District Tamil Nadu 635 002. 2 Sri. K. Jana Bai, Daughter of R. Kuppaji Rao, Aged 76 years, Residing at D.No.6, Co-op Colony, 3rd Cross, New Pet, Krishnagiri, Dharmapuri District, Tamil Nadu 635 002. Sri. K. Vittal Rao, Since dead by his Legal Representatives: Smt. Sathyavathi, Wife of Late K. Vittal Rao, Aged 63 years, 2.3. 3a) 3b) Vinod, 3c) 3d) 3e) Son of Late K. Vittal Rao, Aged 39 years, Santhosh, Wife of Late K.Vittal Rao, Aged 37 years, Smt. Anitha, Daug...
Rockline Bar and Restaurant Vs. The State of Karnataka
Court: Karnataka
Decided on: Jul-02-2015
1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE2D DAY OF JULY, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR W.A.NO.1604/2015(EXCISE) BETWEEN: ROCKLINE BAR & RESTAURANT No.MKK ROAD, RAJAJINAGAR, 1ST STAGE, SUBRAMANYA NAGAR, BENGALURU-560 001, REPRESETNED BY ITS PARTNER, MR T.N.BRAMARESH NEW ADDRESS: SEA ROCK BAR & RESTAURANT, 6/4, 1ST & 2ND FLOOR, SHAIVANAND COMPLEX, KUMARAPARK EAST BENGALURU-560 001 ..APPELLANT (BY SRI.SANDESH J.CHOUTA, ADVOCATE) AND:1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, 2 BENGALURU-560 001 2.THE DEPUTY COMMISSIONER EXCISE VOKKALIGARA BHAVANA, RANICHENNAMMA CIRCLE, BENGALURU-560 001 3.THE DEPUTY COMMISSIONER BANGALORE CITY, BENGALURU-560 001. 4.INSPECTOR OF EXCISE NORTH RANGE, BENGALURU-560 022. ..RESPONDENTS (BY SRI.T.K.VEDAMURTHY, HCGP) THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT P...
M/S Madras Cements Limited Vs. The Additional Commissioner of Central ...
Court: Karnataka
Decided on: Jul-02-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF JULY, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR C.E.A.NO.21/2013 BETWEEN M/S. MADRAS CEMENTS LIMITED REP. BY ITS VICE PRESIDENT (ACCOUNTS & AUDIT) SRI S.VAITHIYANATHAN AGED ABOUT47YEARS MATHODU VILLAGE ,HOSADURGA TALUK CHITRADURGA DISTRICT-577 533 ... APPELLANT (BY SRI. M.N.SHANKARE GOWDA, ADV.) AND1 2. THE ADDITIONAL COMMISSIONER OF CENTRAL EXCISE BANGALORE II COMMISSIONERATE C.R.BUILDING, 5TH FLOOR QUEENS ROAD, BANGALORE-560 001. THE COMMISSIONER OF CENTRAL EXCISE (APPEALS-I) NO.16/1, 5TH FLOOR, S.P.COMPLEX, LALBAGH ROAD, BANGALORE-560 027. (BY SRI C.SHASHIKANTHA, ADV.,) ...RESPONDENTS2THIS CEA IS FILED UNDER SEC.35G OF THE CENTRAL EXCISE ACT, ARISING OUT OF ORDER DATED295.12 PASSED IN FINAL ORDER NO.E/361/2010 WITH A PRAYER TO SET ASIDE THE FINAL ORDER IN APPEAL NO.E/361/2010 DATED295.12 FOR THE PERIOD0104.2008 TO3107.2008. THIS CEA COMING ON FOR FINAL DISPOSAL THI...
Sri C Chinnappa Vs. Smt H N Bhavani Natesh
Court: Karnataka
Decided on: Jul-02-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF JULY2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.2995/2015 (GM-CPC) BETWEEN:1. 2. SRI C CHINNAPPA S/O LATE CHINNASWAMAPPA, AGED ABOUT46YEARS, PRESENTLY RESIDING AT NO.15, GROUND FLOOR, 1ST MAIN, 2ND CROSS, MEDAHALLI ENCLAVE, PARVTHINAGAR, JYOTINAGAR MAIN ROAD, MEDAHALLI, VIRGONAGAR POST, BANGALORE56004 CHANDRASHEKAR S/O LATE PUVAPPA PUJARI, AGED ABOUT60YEARS, PRESENTLY RESIDING AT NO.6/A, KANNAPPA BUILDING,EKANTHA NAGARA, BEHIND SEE COLLEGE, AYYAPPA NAGARA, K.R PURAM, BANGALORE36... PETITIONERS (By Sri: SRIDHAR A G, ADV.) AND1 2. 2 SMT H N BHAVANI NATESH W/O K.NATESH, AGED ABOUT46YEARS, RESIDING AT FLAT NO.33, 7TH MAIN, 7TH CROSS, MALLESHWARAM, BANGALORE56000 P.CHANDRASHEKHAR RAO AGE: MAJOR PARTNER IDEAL SOLUTIONS, RESIDING AT No.65 & 66, 4TH MAIN, 3RD BLOCK, WARD NO.12, MUNESHWARA TEMPLE ROAD, HOODY VILLAGE, MAHADEVAPURA CMC, AYYAPPA NAGAR, BANGALORE56003. ALSO AT M/S IDEAL SOLUTIONS # 63,...
m.v. Perumal Since Dead by Lr"s Vs. Sri A. Vijay Kumar
Court: Karnataka
Decided on: Jul-02-2015
1 MFA53212014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL M.F.A.No.5321/2014 BETWEEN M.V.Perumal since dead by LRs 1. Smt. Ramaniammal W/o late M.V.Perumal aged about 67 years 2. Smt. V.P.Kasturibai D/o late M.V.Perumal aged about 43 years 3. Smt.V.P.Moganambal D/o late M.V.Perumal aged about 38 years 4. Sri V.P.Jayaraman So late M.V.Perumal aged about 39 years 5. Smt. V.P.Bhuvaneshwari D/o late M.V.Perumal aged about 29 years 6. Sri V.P.Loganatha D/o late M.V. Perumal aged about 27 years All are r/a No.19, Old No.21 4th Cross, 8th Main, Vasanthanagar Bangalore-560052. ... APPELLANTS2MFA53212014 (By Sri Sreevatsa, Sr.Counsel) AND1 Sri A. Vijay Kumar S/o Appaji aged about 59 years 2. Smt. T.R. Kamakshi W/o A. Vijay Kumar aged about 57 years Both are r/a No.24, 17th Cross, A.D.Halli, Basaveshwaranagar, Bangalore 3. Sri Lakshmipath Surana Fathers name not known to the appellants Major No.53, 7th Cross Vasanthanagar...
N. Govindaraju Vs. Income Tax Officer, Bangalore and Another
Court: Karnataka
Decided on: Jul-01-2015
(Prayer: Appeal is filed under S.260 A of the Income Tax Act, 1961 praying to set aside the order passed by the ITAT, Bangalore in ITA 970/Bang/2009 on 26.04.2010, etc. 1. The primary question that requires determination in this appeal is that when the reason recorded for reopening the assessment under section 147 of the Income Tax Act (for short Act') itself does not survive, can tax be levied by the Assessing Officer for a totally different reason or issue, which was not the subject matter of reopening the assessment. In other words, if reasons for re-opening are (a) and (b) and during fresh assessment proceedings under section 147 of the Act, income is found to have escaped from assessment for some other reason say, (c) and (d), the, if reasons (a) and (b) do not survive and no addition can be made for such reasons, can additions be made on the basis of reasons or grounds (c) and (d). Besides the aforesaid issue, on facts/merits also certain questions have been raised which would re...
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