Karnataka Court August 2015 Judgments
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The Commissioner of Income Tax and Another Vs. M/s. Hewlett-Packard Gl ...
Court: Karnataka
Decided on: Aug-14-2015
(Prayers: ITA No. 65/2014 is filed under Section 260-A of Income Tax Act, 1961 praying to formulate the substantial questions of law stated above and allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No.283/Bang/2012, dated 30.09.2013 and confirm the order of the Appellate Commissioner confirming the order passed by the Assistant Commissioner of Income Tax, Circle-11(4), Bangalore. ITA No. 66/2014 is filed under Section 260-A of Income Tax Act, 1961 praying to formulate the substantial questions of law stated above and allow the appeal and set aside the orders passed by the ITAT, Bangalore in ITA No.267/Bang/2012, dated 30.09.2013, confirming the order of the Appellate Commissioner and confirm the order passed by the Deputy Commissioner of Income Tax, Circle-11(4), Bangalore.) Aravind Kumar, J. 1. Revenue has preferred these appeals calling in question the order passed by the Income Tax Appellate Tribunal, C Bench, Bangalore in ITA Nos. 283/BANG/2012 and 267...
Karnataka State Kumbara Samaja and Another Vs. State of Karnataka, By ...
Court: Karnataka
Decided on: Aug-14-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the amended bye-law as certified by the 2ND Respondent vide Document No.429/08-09 as per Annexure-H dated 15.2.2010 as well as the amended registration certificate dated 15.2.2010 issued by the 1st Respondent District Registrar in No.429/08-09, AMR No.116/09-10 as per Annexure-J.) 1. The petitioners are before this Court seeking that the amended bye-law as certified by the second respondent vide document number 429/08-09 as well as the amended Registration Certificate dated 15.02.2010 at Annexures-H and J to the petition be quashed. Subsequently on amending the petition, the petitioner has sought that the order dated 22.02.2011 at Annexure-F92 be set aside and the second respondent be directed to conduct the enquiry in accordance with law. 2. The second petitioner claims to be the Joint Secretary of the first petitioner. The grievance of the petitioners is that certain m...
Giramalla and Others Vs. Mahadevi and Others
Court: Karnataka Dharwad
Decided on: Aug-14-2015
(Prayer: This RSA filed U/s.100 of CPC, against the judgment and decree dtd:12.09.2014 passed in R.A.No.22/2011 on the file of the senior Civil Judge and JMFC., Raibag, dismissing the appeal and confirming the appeal, filed against the judgment and decree dtd:11.08.2011 and the decree passed in O.S.No.98/2000 on the file of the additional Civil Judge and JMFC Raibag, decreeing the suit filed for declaration and partition.) 1. By consent of both the learned Counsel for the parties, the matter is taken up for final hearing. 2. This appeal is filed by defendant No.7 against the judgment and decree dated 12.09.2014 in R.A.No.22/2011 on the file of the learned Senior Civil Judge and JMFC, Raibag, confirming the judgment and decree dated 11.08.2001 made in O.S.No.98/2000, on the file of the Addl.Civil Judge and JMFC, Raibag, decreeing the suit for partition and separate possession. 3. Respondents 1 to 3 filed the suit for partition and declaration to declare that the sale deed dated 20.05.19...
Maina Shetty Vs. The Dy. Commissioner of Income Tax, Mangalore
Court: Karnataka
Decided on: Aug-14-2015
(Prayer: This ITA is filed u/s.260-A of I.T.Act, 1961 arising out of order dated 26-06-2009 passed in ITA No.95/BNG/2009, for the assessment year 1997-98, praying that this Hon'ble Court may be pleased to: (i) formulate the substantial questions of law stated therein, (ii) allow the appeal and set aside the order passed by the ITAT Bangalore in ITA No.95/BNG/2009, dated 26-06-2009.) Vineet Saran, J. 1. This is an appeal filed by the assessee challenging the order of the Tribunal whereby reopening of assessment for the assessment year 1997-98 has been held to be valid. The appeal was admitted on 21.4.2010 on the following questions of law: "(i) Whether the Tribunal was right in law in upholding notice issued under section 148 is valid on the facts and circumstance of the case ? (ii) Whether the Tribunal was justified in law in holding that the sum of Rs.4,97,046/- represents unexplained investments in the construction of the building for the A.Y. 1997-98 on the facts and circumstance of...
M/S. Kothari Metals Vs. Income Tax Officer
Court: Karnataka
Decided on: Aug-14-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF AUGUST, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B. MANOHAR W.A.NO.218/2015(T-IT) BETWEEN: M/S.KOTHARI METALS OMKAR HOUSE, NO.8/1, 4TH CROSS, KALASIPALYAM NEW EXTENSION BANGALORE-560 002 REP. BY ITS PROPRIETOR MR.SURESH KUMAR KOTHARI S/O SHA POONAMCHAND GALBAJI AGED ABOUT40YEARS. (BY SRI HARISH V.S., ADV.,) BETWEEN: INCOME TAX OFFICER WARD14), HMT BHAVAN, BANGALORE-560 032. APPELLANT (BY SRI K.V.ARAVIND, ADV., A/W SRI E.I.SANMATHI, ADV.,) RESPONDENT THIS WA IS FILED U/S4OF THE KARNATKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.14670/14 DATED1112.2014. THIS WA COMING ON FOR PRLY. HEARING THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:2. JUDGMENT This is an appeal filed by the assessee against the judgment and order dated 11.12.2014 passed by the learned Single Judge in W.P.No.14670/2014 whereby the petition challenging the notice under Sectio...
mrs.maina Shetty Vs. The Dy. Commissioner of Income Tax
Court: Karnataka
Decided on: Aug-14-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF AUGUST2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MR.JUSTICE B MANOHAR ITA No.751 OF2009BETWEEN : Mrs.Maina Shetty No.4-3-431, Kodialguthlu M G Road, Mangalore-575003. (By Sri A Shankar and Sri M Lava, Advs.) AND: The Dy. Commissioner of Income Tax Central Circle, C R Building, Attavara, Mangalore-575001. (By Sri K V Arand a/w Sri G Kamaladhar, Advs.) ..Appellant ..Respondent This ITA is filed u/s.260-a of I.T.Act, 1961 arising out of order dated 26-06-2009 passed in ITA No.95/BNG/2009, for the assessment year 1997-98, praying that this Hon'ble Court may be 2 pleased to: (i). formulate the substantial questions of law stated therein, (ii). allow the appeal and set aside the order passed by the ITAT Bangalore in ITA No.95/BNG/2009, dated 26-06-2009. This appeal coming on for final hearing this day, VINEET SARAN, J.delivered the following: JUDGMENT This is an appeal filed by the assessee challengin...
The Commissioner of Income Tax, Cit(A) Vs. M/S Hewlett Packard Globals ...
Court: Karnataka
Decided on: Aug-14-2015
1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE14h DAY OF AUGUST, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR ITA Nos.65/2014 C/W662014 BETWEEN:1. THE COMMISSIONER OF INCOME TAX, CIT (A), C.R. BUILDING, QUEENS ROAD, BANGALORE. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-11(4) RASHTROTHNA BHAVAN NRUPATHUNGA ROAD BANGALORE.2. APPELLANTS (BY SRI. K.V. ARAVIND, ADVOCATE) AND: M/s.HEWLETT-PACKARD GLOBALSOFT PVT. LTD., 39/40, ELECTRONIC CITY, PHASE-II, HOSUR ROAD, BANGALORE-560 100. COMMON RESPONDENT COMMON (BY SRI.T. SURYANARAYANA FOR M/S KING AND PARTRIDGE, ASSOCIATES, ADVOCATE) 2 ITA No.65/2014 IS FILED UNDER SECTION260A OF INCOME TAX ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.283/BANG/2012, DATED3009.2013 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISS...
Giramalla S/O Basappa Kumbar Vs. Mahadevi W/O Neelappa Kumbar
Court: Karnataka Dharwad
Decided on: Aug-14-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE14H DAY OF AUGUST, 2015 BEFORE THE HONBLE MR. JUSTICE B. VEERAPPA RSA NO.100906/2014 (DEC) BETWEEN1 GIRAMALLA S/O BASAPPA KUMBAR SINCE DECEASED BY HIS LRS. PARVATI W/O GIRAMALLA KUMBAR AGE:84. YEARS, OCC: HOUSEHOLD WORK, R/O. RAIBAG, TQ: RAIBAG, DIST: BELGAUM-591317 2. BASAPPA GIRAMALLA KUMBAR AGE:68. YEARS, OCC: AGRICULTURE, R/O. SAI NAGAR RAIBAG, TQ: RAIBAG, DIST: BELGAUM- 591317 3. ASHOK GIRAMALLAPPA KUMBAR AGE:53. YEARS, OCC: AGRICULTURE, R/O. RAIBAG, TQ: RAIBAG, DIST: BELGAUM-591317 4. SURESH GIRAMALLA KUMBAR AGE:33. YEARS, OCC: AGRICULTURE, R/O. RAIBAG, TQ: RAIBAG, DIST: BELGAUM-591317 5. TAYAWWA PRABHAKAR KUMBAR AGE:64. YEARS, OCC: HOUSEHOLD WORK, :2. : R/O. DATTAWAD, TQ: SHIROL, DIST: KOLHAPUR6 SHIVAKKA ANNAPPA KUMBAR AGE:58. YEARS, OCC: HOUSEHOLD WORK, R/O. SHIRAGUR, TQ: RAIBAG,, DIST: BELGAUM- 591317 7. MALATI @ SARUJA BASAVARAJ KUMBAR @ AMATE AGE:34. YEARS, OCC: HOUSEHOLD WORK, R/O. AT/PO: HEAD LAND SADA, Y.S...
K. Sharada Bhat and Others Vs. State and Another
Court: Karnataka Dharwad
Decided on: Aug-13-2015
The petitioners have called into question the second respondent's order dated 16-5-2010 (Annexure-S) and the order dated 6-4-2008 (Annexure-T) passed by the District Judge, Uttara Kannada in Misc. Appeal Nos. 3 and 4 of 2000. The District Judge confirms the second respondent's order to vacate the premises in question within 45 days. 2. Sri R.Y. Itagi, the learned Counsel for the petitioners submits that the Competent Authority's order is passed in violation of the principles of natural justice. He submits that the petitioners were not even given clear two weekstime to resist the eviction proceedings. The notice dated 24-4-2000 is received by the petitioners around 30-4-2000 and that the order of eviction is passed on 16-5-2000. He complains of lack of opportunities. 3. He submits that the lease agreements, dated 13-3-1967 and 27-10-1993 are subsisting. There is no termination of the lease at all. He submits that there is no clause in the said two lease agreements to the effect that if ...
Shaifazainab Vs. Union of India and Others
Court: Karnataka
Decided on: Aug-13-2015
1. The petitioner is before this Court assailing the order dated 25-11-2013 impugned at Annexure-A and the order dated 20-7-2012 impugned at Annexure-F1 to the petition. 2. The petitioner was issued with a Passport and the same had been subsequently renewed. In respect of the passport for which the application was made under Tatkal Scheme', one Sri H.K. Subhash who had acted as an agent for the petitioner is stated to have submitted certain forged certificates along with other documents, In that regard, criminal proceedings has been initiated against the said Sri H.K Subhash. In that light, by the communication dated 20-7-2012 issued by the second respondent to the petitioner, the Passport bearing No. K2773957 issued on 15-5-2012 to the petitioner has been impounded. Against the said order of impounding, the petitioner had filed an appeal as provided under Section 11 of the Passports Act, 1967. The Appellate Authority by the order dated 25-11-2013 has dismissed the appeal. In that view...
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