Court : Karnataka Dharwad
..... deceased, the claimants are not deprived of the lands owned by him. what is deprived is the income earned as class-iii contractor. they have not produced any income tax returns filed by the deceased. under the said circumstances, in our opinion holding the income of the deceased at rs.25,000/- per month is on the higher side and it would ..... has made out any grounds to reduce the compensation awarded by the tribunal.9. it is contended by the claimants that the deceased owns six pieces of agricultural land and was class-iii contractor and was earning rs.1,08,333/- per - 6 - month. however, petitioners have not submitted any documents to show the ..... admission, this day, m.i.arun j., delivered the following: - 3 - judgment the appellant insurance company has filed this appeal under section 173(1) of the motor vehicles act, 1988 being aggrieved by the judgment dated 05.12.2018 passed by the xii addl. district and sessions judge & addl. mact, belagavi sitting at gokak (for short the tribunal) .....
Tag this Judgment!Court : Supreme Court of India
..... number of disputes. this finally resulted in a scheme of advance ruling being brought into effect in 1993, with the introduction of a new chapter in the income tax act, 1961 (hereinafter referred to as the it act ). a quasi-judicial tribunal was established as the authority for advance rulings (for short aar ) to provide certainty and avoid litigation related to taxation of transactions involving ..... programmes for the production, processing, marketing, storage, export and import of agricultural produce, foodstuffs, industrial goods, livestock, certain other commodities and services on cooperative principles and for matters connected therewith or incidental thereto. 3. the functions of the appellant-corporation are set out in section 9 of the ncdc act, which is, inter alia, to advance loans or grant subsidies to state .....
Tag this Judgment!Court : Supreme Court of India
..... properties in their own right. they have 25 civil appeal nos.1021-1026 of2013 etc. been paying kist for the properties all along. they have been paying agricultural income tax on the basis that the properties are their own. it is also stated that even assuming that krishnammal acquired life interest in the undivided share of her ..... to notice the facts in v. tulsamma (supra) and found that it was a case where the female hindu possessed the property on the date of the act (hindu succession act, 1956) in which she had a pre-existing right which got transformed into an absolute right. thereafter, the court proceeded to hold as follows: 7. ..... on the basis of the will. the respondents had enough opportunities to challenge the unilateral allotment and they failed to utilise the same, and therefore, their consequential acts gained much importance. the court also distinguished the judgment in bhagwant p. sulakhe (supra). it is further found that since v. rangaswami naidu had given written rejoinder .....
Tag this Judgment!Court : Supreme Court of India
..... 2002) 2 scc718and has submitted that clause 13 of rips-2003, which confers power on the state government to revise slsc s orders, is identical to section 263 of the income tax act, 1961, which has been interpreted by this court in the manner that if the adjudication order constitutes one of the possible views, then no revision would lie. according to ..... appeal nos.2506-2509 of 2020 decided on 05.06.2020, while dealing with an incentive provision contained in section 80-o of the income tax act, 196130, this court has taken note of the principles laid down in dilip kumar & co. and has held, inter alia, as under :- "17.3. in view of ..... company was not placed before the assessing officer. thus, there was no material to support the claim of the appellant that the said amount represented compensation for loss of agricultural income. he accepted the entry in the statement of the account filed by the appellant in the absence of any supporting material and without making any inquiry. on these facts .....
Tag this Judgment!Court : Karnataka Dharwad
..... without mentioning the date on the plan, the collection of licence fee and land tax, payment of income-tax, excise duty, prima-facie constitute legal sanction for the petitioners to put 21 up construction of thatched roof huts, buildings, etc., on agricultural lands and to carry on commercial activity in virupapura gaddi is noticed only to ..... huts, buildings, etc., by the appellants (therein) to carry on the business of hotels/restaurants/guest house in virupapura gaddi was in violation of 1961 act. further, hwham had authority to proceed with demolition of such illegal constructions. the respondents are directed to proceed with the demolition of the 23 illegal structures ..... the arguments advanced by the learned counsel for the petitioner submitted that the state government in exercise of its powers under section 19(3) of the act, 1961 has issued notification dated 22.10.1988, declaring 10 villages including virupapura gaddi village as protected area . this aspect is clear from the schedule .....
Tag this Judgment!Court : Supreme Court of India
..... beneficial and purposive, given the oppressive nature of the act of 1894. in this context, it was submitted that the expressions paid and or should be construed in the manner that parliament intended, having 63 martin burn ltd v corporation of calcutta 1966 (1) scr543 commissioner of agricultural income tax v keshab chandra mandal 1950 scr435 and state of maharastra ..... punjab produce and trading co. ltd. vs. the c.i.t., west bengal, calcutta74, was relied upon in the discussion mentioned above, where provisions of section 23a of the income tax act, 1922 and the explanation (b)(ii) and (iii) came up for consideration. this court ruled with respect to "or" and held that it had to be read as ..... it in express berms and would not merely have repealed it by the second sub-section. in the first sub-section mention is made of other sections of the income tax acts, but not of s.108. it must be taken, he argued, that parliament had in mind the difficulties created by s. 108, which were pointed out in .....
Tag this Judgment!Court : Karnataka
..... .93/2020: between: innanje co.operative agriculture society ltd1731, innanje, udupi district-576138. rep by its c.e.o.-mr. manohar rao. ...petitioner (by sri. mahesh r uppin, advocate) and:1. commissioner of income tax (appeals), aayakar bhavan, c r building, n g road, attavara, mangaluru 575001.2. income tax officer, ward2 aayakar bhavan, adi-udupi malpe ..... . in r.p. no.72/2020: between: vandse co-operative agricultural society ltd. vandse, kundapura taluk, udupi district-576 233. represented by its c e o mr. seetharama g poojary. ... petitioner (by sri. mahesh r uppin, advocate) 16 and:1. commissioner of income tax (appeals) aayakar bhavan, c r building, n g road, attavara ..... , does not much dispute the assertion of review petitioner/s that for the mistake of court an innocent litigant cannot be made to suffer; therefore, acting on the maxim actus curiae neminem gravabit, relief needs to be granted to the review petitioners. 40 in the above circumstances, these review petitions having been .....
Tag this Judgment!Court : Supreme Court of India
..... modvat credit without incurring the liability of such payment is not an allowable deduction under section 43b. the assessee filed an appeal under section 260a of the income tax act in the high court. the high court answered question nos.(ii) and ((iii) relating to the above noted disallowance in favour of the revenue. aggrieved ..... made by the assessee to its suppliers, they should be treated as payments of excise duty which straightaway qualify for deduction under section 43b of the income tax act, irrespective of whether or when the modvat credit arising from such payments is utilised to make payment of excise duty on the products manufactured by the assessee ..... payable by the assessee as interest on any loan or advances from a scheduled bank[or a co operative bank other than a primary agricultural credit society or a primary co operative agricultural and rural development bank]. in accordance with the terms and conditions of the agreement governing such loan or advances, or (f)any sum .....
Tag this Judgment!Court : Karnataka
..... of writ court in substance for a prayer that they are entitled to seek deduction in respect of their income in terms of the scheme envisaged under section 80p of the income tax act, 1961 (hereafter 1961 act), on the premises that they too are a 4 cooperative society, on par with those registered under the ..... societies in the state of karnataka viz., the karnataka co-operative societies act, 1959 & the karnataka souharda sahakari act, 1997; the entities registered under the 1997 act also answer the definition of cooperative society enacted in sec. 2(19) of the income tax act 1961 and therefore, they are entitled to seek the benefit of sec.80p ..... and for the purposes of the banking regulation act, 1949 (central act 10 of 1949), the reserve bank of india act, 1934 (central act 2 of 1934), the deposit insurance and credit guarantee corporation act, 1961 (central act 47 of 1961) and the national bank for agriculture and rural development act, 1981 (central act 67 of 1981), it shall be deemed .....
Tag this Judgment!Court : Supreme Court of India
..... the decisions and proceeded to determine the agricultural income on an average of the two amounts. the tribunal superimposed a possible value of income from agricultural land despite a clear indication in the income tax returns of the income from agricultural land. the method adopted by the tribunal is not sustainable in law. on ..... is legally sustainable and calls for no interference by this court. 9 the rival submissions fall for our consideration. 10 the tribunal proceeded to determine the agricultural income arising from 36.76 acres of land on the basis of two judgments of the high court. the tribunal arrived at two different figures by applying ..... by his wife and four daughters who are the appellants before this court. 3 the appellants filed a claim petition under section 166 of the motor vehicles act, 1988 before the tribunal, seeking compensation in the amount of rs 99,90,000. by its award dated 11 july 2012, the tribunal allowed the claim .....
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