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 : 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 : 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 : 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 : Karnataka
..... to contend that fringe benefits definition is not incorporated in act, 1961. further, he has pointed out 7th schedule to the constitution of entry no.82 provides for tax on income other than agricultural income. 16 therefore, one cannot go beyond entry no.82 read with definition of income under act, 1961. consequently, chapter xii-h incorporating under income tax act, 1961 is without authority of law. it was vehemently ..... contended that sub section 24 of section 2 of the act, 1961 relates to income wherein fringe benefit is not part and .....
Tag this Judgment!Court : Karnataka
..... of the scheme with regard to; karnataka value added tax act, 2003 (for short kvat act ) and central sales tax act, 1956 (for short cst act ) on the one hand and also for the purpose of karnataka tax on entry of goods act, 1979, karnataka tax on profession, trades, callings & employment act, 1976, karnataka tax on luxuries act, 1979, karnataka agricultural income tax act, 1957 and karnataka entertainment act, 1958. (b) clause 1.2 provides for determination ..... ) relating to the assessment or reassessment for all years up to 31.03.2016 as regards the following acts: (i)karnataka tax on entry of goods act, 1979 (ii)karnataka tax on profession, trades, callings and employments act, 1976 (iii)karnataka tax on luxuries act, 1979 (iv)karnataka agricultural income tax act, 1957 and (v)karnataka entertainments tax, 1958. (b) relating to assessment/reassessment orders under the provisions of karnataka value added .....
Tag this Judgment!Court : Karnataka
..... .g sambasiva rao, has filed this appeal under section 260-a date of judgment:05.07.2018 in ita no.94/2016 g shubha devi vs. the income tax officer 3 of the income tax act, 1961, raising the substantial question of law against the order passed by learned itat dated 09.10.2015 for the assessment year 2010-11, partly allowing the ..... to fructify, the advances made by the assessee to these agriculturists were refunded back to her in cash and since the transactions of the said sale or purchase of agricultural lands in question with agriculturists generally takes place only in cash, therefore, the cash refunded back by these agriculturists were deposited in her bank account which deposit (cash credits ..... 2009 to the extent of rs.10 lakhs being advance paid for the purchase of agricultural lands; that the remaining amount of rs.7,50,000/- had been date of judgment:05.07.2018 in ita no.94/2016 g shubha devi vs. the income tax officer 9 paid much earlier on 31/3/2009 out of withdrawals from bank made .....
Tag this Judgment!Court : Karnataka
..... in the relevant period was never used as agricultural land, for a period exceeding two years, therefore the assessee was not entitled to the benefit of deduction u/s. 54b of the act. for this reason also, the date of judgment 25-06-2018, ita no.34/2017 gopal s. pandit vs the commissioner of income tax & another . 11/16 said finding of fact ..... not used this property of agricultural purposes. therefore, conditions specified in section 54b of the i.t.act for claiming exemption is not fulfilled in this case and accordingly the exemption claimed under that section is not allowable to the assessee. date of judgment 25-06-2018, ita no.34/2017 gopal s. pandit vs the commissioner of income tax & another . 16/16 11 .....
Tag this Judgment!Court : Karnataka
..... 2011 c/w ita no.107/2017 the commissioner of income tax & another vs. m/s agricultural produce market committee 13/17 principles or under section 11(1)(a) of the income tax act. the court rejected the argument on behalf of the revenue that section 32 of the income tax act was the only section granting benefit of deduction on ..... no.107/2017 the commissioner of income tax & another vs. m/s agricultural produce market committee 12/17 also provides for application and accumulation of income. on the other hand, section 28 of the income tax act deals with chargeability of income from profits and gains of business and section 29 provides that income from profits and gains of business ..... by the revenue in this court under section 260-a of the income tax act, 1961 ['act' for short]. for the assessment year 2005-06. the respondent-assessee is agricultural produce market committee, shimoga, a charitable trust, duly registered under section 12a of the act. date of judgment 19-06-2018, ita no.239/2011 c/ .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... are assailing the quantum of compensation awarded by the tribunal on the ground that the compensation awarded towards loss of income is on the lower side and that the `tribunal has erred in deducting 30% towards income tax, contrary to the provisions of the income tax act and the established principles governing motor accident claims cases.3. for the sake of convenience and clarity, the parties ..... box to testify on this aspect. though the claimants had contended before the tribunal that the deceased was also having agricultural income, the tribunal has rightly discredited the said contention since no cogent evidence was placed before the tribunal with regard to the agricultural income alleged to be earned by the deceased. relying on the transfer certificate ex.p13, the tribunal has concluded that .....
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