Court : Karnataka Dharwad
..... for the first time that the revenue has issued a notice under section 147 of the act and adjudicated after hearing the assessee- society.16. learned counsel for the assessee-society has placed reliance on the following judgments in support of his contentions:1. commissioner of agricultural income tax v. m.l.bagla, reported in (1971)80 itr173 placing reliance on the following portion ..... society. therefore, this :19. : judgment does not support the case of the assessee in any manner.2. b.t.manjappa gowda and others v. state of karnataka (through commissioner of agricultural income tax) reported in (1984) 150 itr303 in the above case, this court has recorded a specific finding which reads as follows: there is absolutely no indication to hold that they had .....
Tag this Judgment!Court : Karnataka
..... that she fabricated the statements filed along with the return to the income tax department and only in the internal statement, agricultural income is claimed and that the agricultural income is over-written/tampered. the income tax department has already issued assessment orders thereby accepting the income declared by the petitioner. it is the case of the petitioner that ..... can only operate within the sphere allotted to them in registering and investigating the cases in respect of the offences which fall under the pc act, 1988 and they cannot investigate into the cases involving offences that fall exclusively under the indian penal code. 17. the learned counsel for the ..... and where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. (ii) pepsi foods ltd. another v. special judicial magistrate others (1998) 5 scc 749 .....
Tag this Judgment!Court : Karnataka
..... union of india [1975] 33 stc 254 (sc) constitution bench; 9. mohammed serajuddin vs. state of orissa [1975] 35 stc 136 (sc) constitution bench; 10. deputy commissioner of agricultural income tax and sales tax vs. indian explosives ltd. [1985] 60 stc 30 (sc) three members bench; 11. state of maharashtra vs. embee corporation [1997] 107 stc 196 (sc) two members bench; ..... nearly 7 to 8 years which cannot be considered as inadvertent mistake. the appellant under goes statutory audit u/s.44-ab of the income tax act, 1961 and also mandatory to submit form vat 240 from its inception. when such being the case, it is strange to note that the lower authorities have not taken cognizance of such ..... it cannot be said that the tribunal was not right in holding that the petitioner is not entitled to exemption under section 5(2) of the central sales tax act, 1956. we do not find that the order of the tribunal deserves to be interfered with. the questions raised are held against the assessee and in favour .....
Tag this Judgment!Court : Karnataka
..... . union of india [1975]. 33 stc254(sc) constitution bench; 9. mohammed serajuddin vs. state of orissa [1975]. 35 stc136(sc) constitution bench; 10. deputy commissioner of agricultural income tax & sales tax vs. indian explosives ltd. [1985]. 60 stc30(sc) three members bench; 11. state of maharashtra vs. embee corporation [1997]. 107 stc196(sc) two members bench; 12. ..... appellate tribunal at bangalore, dismissing the appeals and uphelding the orders of the aa and faa. strp4122015 is filed under section231) of the karnataka sales tax act, 1957 against the judgment and decree dated2506.2015 passed in sta no.1382/13 on the file of the3karnataka appellate tribunal at bangalore, dismissing the appeal ..... lapse of nearly 7 to 8 years which cannot be considered as inadvertent mistake. the appellant under goes statutory audit u/s.44-ab of the income tax act, 1961 and also mandatory to submit form vat240from its inception. when such being the case, it is strange to note that the lower authorities have .....
Tag this Judgment!Court : Karnataka
..... its liability under the income tax act. it could not be the intention of the state legislature to impose such a fee which would render the provisions of the act otiose and non-implementable, thereby depriving the central government of its constitutional mandate to impose and collect tax on income other than agricultural income. reliance is placed on ..... to the company in advance or at the beginning of the year and the payments made by the company are against the provisions of the companies act, 1956, the income-tax act, 1961 and accounting standards. (viii) the government order on levying the privilege fee is passed purposefully only at the fag end of the financial ..... by the assessing officer in the assessment orders pertaining to the above years would raise the following issues: (i) section 40(a)(iib) of the income-tax act disallows the privilege fee from the assessment year 2014-15 and subsequent years only and the amendment is prospective and not clarificatory. (ii) the provisions .....
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..... no.205/2010 on the file of karnataka appellate tribunal, dismissing the appeal filed under section 32 of karnataka agricultural income-tax act 1957.) 1. the matter arises under the provisions of the karnataka agricultural income tax act, 1957 (the 'act' for short). 2. the assessee is a coffee planter. for the assessment year 2007-08, the petitioner/ ..... firm filed the return declaring coffee income of rs.6,33,376/-. in turn, the assessing officer examined the yield of coffee ..... appearing for the appellant would contend that the assessee had maintained eb-2 register which is in conformity with rule 9-a(iv) of the karnataka agricultural income tax rules, 1957 ('rules' for short) to maintain the yield account. the authorities below and the tribunal out rightly rejected the eb-2 register without .....
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..... impugned order.7. tribunal, by the impugned order upheld the contentions of assessee and deleted the addition made by the assessing authority: (i) under section 41(1) of the income tax act, 1961 ( act for short) towards unclaimed stale drafts and pay orders whereunder assessing authority had disallowed a sum of rs.58,31,851/-; (ii) disallowance of rs.17,59,00,087/- ..... on the facts and circumstances of the case and in law the tribunal was right in deleting the addition made by the assessing authority u/s.41(1) of the income tax act, towards the unclaimed stale draft and pay orders , and as such there was cessation of liability on an amount of rs.58,31,581/-?. 4 2. whether on ..... . briefly stated the facts of the case are, assessee is a regional rural bank registered under the schedule of reserve bank of india. it caters to the needs of agricultural and cottage industry sectors. it makes investment in government and other securities. for the assessment year 2007-08, assessee declared a taxable .....
Tag this Judgment!Court : Karnataka Dharwad
..... impugned order. 7. tribunal, by the impugned order upheld the contentions of assessee and deleted the addition made by the assessing authority: (i) under section 41(1) of the income tax act, 1961 ( actfor short) towards unclaimed stale drafts and pay orderswhereunder assessing authority had disallowed a sum of rs.58,31,851/-; (ii) disallowance of rs.17,59,00,087 ..... on the facts and circumstances of the case and in law the tribunal was right in deleting the addition made by the assessing authority u/s.41(1) of the income tax act, towards the unclaimed stale draft and pay orders', and as such there was cessation of liability on an amount of rs.58,31,581/-? 2. whether on the ..... briefly stated the facts of the case are, assessee is a regional rural bank registered under the schedule of reserve bank of india. it caters to the needs of agricultural and cottage industry sectors. it makes investment in government and other securities. for the assessment year 2007-08, assessee declared a taxable .....
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..... how the proceedings under sections 79-a and 79-b of the act came to be dropped. it is realized that, in the said process, the income tax returns have been forged so as to meet the requirement of section 79-a of the act. the petitioners induced the government officials to their benefit for dropping the ..... sufficient information is collected by the cid about the petitioners concocting false documents for the purpose of supporting their case that aggregate income of all the family members from sources other than agriculture is less than rs. 2 lakhs. investigation reveals that the petitioners were not agriculturists at any point of time and the documents ..... produced by them depicting them as agriculturist is a forged document by virtue of which they purchased agricultural lands in bangalore and various other places. they have created land bank and frustrated the purpose of welfare legislation. they have floated many companies or acquired .....
Tag this Judgment!Court : Karnataka
..... how the proceedings under sections 79-a and 79-b of the act came to be dropped. it is realized that, in the said process, the income tax returns have been forged so as to meet the requirement of section 79- a of the act. the petitioners induced the government officials to their benefit for dropping ..... the government of karnataka vide notification dated 10.12.2001 issued under section 3(1) of the - 6 - karnataka industries areas development act, 1966 ( the kiad act for short), declared that certain agricultural lands in the villages of devarabeesanahalli and kariammana agrahara, varthur hobli, bangalore south taluk, as industrial area. on the very same day, ..... not agriculturists at any point of time and the documents produced by them depicting them as agriculturist is a forged document by virtue of which they purchased agricultural lands in bangalore and various other places.-. 15 - they have created land bank and frustrated the purpose of welfare legislation. they have floated many companies .....
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