Court : Karnataka
Reported in : [1992]84STC384(Kar)
..... however, on 4th august, 1982, finding that it was no longer entitled to exemption, the deputy commissioner of commercial taxes (1st respondent) issued show cause notice proposing to review the order of the assessing authority on the ground that entry 31b under the fifth schedule, cannot be applied to the sale of sugar syrup, and therefore he proposed to tax at 4 per cent multi-point under section ..... kaypee industries,mysore road, bangalore.assessment year : 1st july, 1976 to 30th june, 1977.status of the assessee ..... accordingly, assessments were passed on 27th july, 1978, granting the benefit of exemption for the assessment year commencing 1st july, 1976 and ..... in the result, and in exercising the powers vested in me under section 21(2) of the karnataka sales tax act, 1957, i pass the following order : (a) the assessment order dated 27th july, 1978 passed by the commercial tax officer, xii circle, bangalore, for the period from 1st july, 1976 to 30th june, 1977 under section 12(2) ..... , the commercial tax officer, xii circle, bangalore, in his order dated 27th july, 1978, passed for the assessment period from 1st july, 1976 to 30th june, 1977 has exempted the sales turnover from payment of tax in respect of 'sugar ..... therefore, a notice under section 21(4) of the act was issued on 4th august, 1982 to the assesses-firm giving them an opportunity to show cause as to why the order of the assessing authority should not be revised and as to why the sales tax at 4 per cent under section 5(1) of .....
Tag this Judgment!Court : Karnataka
Reported in : (2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)
..... as defined as defined in the explanation to sub-section (4) of section 80ia and subject to fulfilling the conditions laid down in that sub-section; or(vii) the amount of profits of sick industrial company for the assessment year commencing from the assessment year relevant to the previous year in which the said company has become a sick industrial company under sub-section (1) of section 17 of the sick industrial companies (special provisions) act, 1985 (1 of 1986) and ending with the ..... an industrial undertaking from the business of generation or generation and distribution of power; or(v) the amount of profits derived by an industrial undertaking located in an industrially backward state or district as referred to in sub-section (4) and sub-section (5) of section 80-ib, for the assessment years such industrial undertaking is eligible to claim a deduction of hundred per cent of the profits and gains under sub-section (4) or sub-section (5) of section 80-ib; or(vi) the amount of profits derived by an industrial undertaking from the business of developing, maintaining ..... with effect from 1-4-2000 on the introduction of section 50b of the act and as such the relevant provision was not applicable to the assessee's case, as slump sale transaction was during the previous year relevant for the assessment year 1999-2000 and (sic) sale was also liable to tax is wrong and the related question as to whether the capital gain could be computed even when the entire undertaking was sold as one .....
Tag this Judgment!Court : Karnataka
Reported in : (1989)80CTR(Kar)15; ILR1990KAR404; [1989]180ITR585(KAR); [1989]180ITR585(Karn)
..... the application of the petitioner for the assessment years 1976-77 and 1977-78 was rejected by the commissioner on the ground that in respect of those years, no proceedings were pending before the departmental ..... settlement commission has got the power to reopen the completed proceedings of assessment also if eight years had not elapsed from the end of the assessment year concerned (section 245e). ..... , on the facts of the case, the interest charged in the assessments for the assessment years 1975-76, 1976-77 and 1977-78 is cancelled. ..... all the returns except for the assessment year 1972-73 had been filed beyond the prescribed dates but it is seen that the applicant had approaching the income-tax officer regularly with applications in form ..... the applications for the assessment years 1972-73 to 1975-76 were taken up for hearing by the ..... 5,84,182 (1,72,175 dm) for the assessment year 1975-76 was also disallowed for the same reason. ..... , the loan advanced had to be written off as a bad debt in the accounting year relevant to assessment year 1975-76. ..... for the assessment year 1972-73, the applicant had claimed a set off the loss of noridex amounting to ..... petitioner filed applications before the settlement commission for the assessment years 1972-73 to 1977-78. ..... for the assessment year 1972-73, the petitioner had claimed a business loss amounting to ..... petitioner had claimed the interest paid to vdo as also consultancy charges and industrial taxes paid for the assessment years 1973-74 to 1975-76. .....
Tag this Judgment!Court : Karnataka
Reported in : [1967]65ITR172(KAR); [1967]65ITR172(Karn); (1967)1MysLJ510
..... assessee before us is that, however wide may be the power of the appellate assistant commissioner under section 31 of the income-tax act, 1922, they are limited to the assessment year to which the appeal in question relates and to the record of the assessment made up of the return made by the assessee and the matters examined and considered by the income-tax officer. ..... in this case, according to the argument, the appellate assistant commissioner has treated all the three assessment years, the appeals in respect of which he was hearing together as consolidated appeals, as one large unit and not three different ..... the assessment year 1951-52 to the income assessable for the assessment year 1950-51 and the direction to add to the income for the assessment year 1949-50 ..... the relationship between the account years and the assessment years with which we are now concerned is as follows : account year assessment year1-9-1947 to 31-8-48 1949-501-9-1948 to 31-8-49 1950 ..... , namely, (1) the jurisdiction of the appellate assistant commissioner under section 31 is strictly confined to the assessment of the year under appeal; (2) under the income-tax act one year is the unit of assessment; (3) the assessment or reassessment made in consequence of or to give effect to any finding or direction contained in any appellate order or an order of superior authority must necessarily relate to the assessment of the year under appeal or revision or reference, as the case may be; and (4) the words 'finding' or .....
Tag this Judgment!Court : Karnataka
Reported in : [1967]65ITR146(KAR); [1967]65ITR146(Karn); (1967)1MysLJ215
..... : (i) in view of the fact that registration had been granted to the assessee by the appellate assistant commissioner for the assessment year 1960-61, the assessee was entitled under section 184(7) of the income-tax act, 1961, to renewal of registration for the assessment year 1961-62; (ii) that the certificate of the assessee furnished along with its application for renewal of registration was not incorrect in view ..... where a registration is granted to any firm for any assessment year, it shall have effect for every subsequent assessment year : provided that - (i) there is no change in the constitution of the firm or the shares of the partners as evidenced by the instrument of partnership on the basis of which the registration was granted; and (ii) the firm furnishes, along with its return of income for the assessment year concerned, a declaration to that effect, in the prescribed ..... act), where a return of income is filed after the commencement of this act otherwise than in pursuance of a notice under section 34 of the repealed act by any person for the assessment year ending on the 31st day of march, 1962, or any earlier year, the assessment of that person for that year shall be made in accordance with the procedure specified in this act.' 12. ..... as regards the first contention, the tribunal held that the order granting registration for the assessment year 1960-61 was an order passed under section 26a of the income-tax act, 1922, and that, therefore, the provisions of section 184(7) .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant258; AIR1968Mys258
..... 346.42 being the balance of tax for the assessment year 1962-63 is unaffected by this decision and will stand ..... the repealed act under the relevant provisions of 1961 act without prejudice to any action already taken for the recovery of such sums under the repealed act.now in this case, although the assessment order and the appellate order had been passed under the 1922 act, no steps for recovery were or could be taken before the coming into force of the 1961 act. ..... being tax for the assessment year 1961-62, the position if as follows:(13) the assessment proceedings were taken and concluded under the income-tax act 1922 and a tax of rs ..... tax for the assessment year 1963-64 64,307-90total 74,086-02the contention of the petitioner is that the notice is invalid ..... balance of tax for the assessment year 1962-63 346-424. ..... tax for the assessment year 1961-62 485-553 ..... tax for the assessment year 1960-61 7,056-.152 ..... penalty for assessment year 1962-63 1,890- ..... tax for the assessment year 1963-64 rs ..... tax for the assessment year 1961-62 rs ..... tax for the assessment year 1960-61 rs ..... petitioner was in arrears in respect of income-tax and penalty levied on him in respect of three or four assessment years. ..... only argument is that there was an appeal pending with the appellate assistant commissioner and that therefore, it was incumbent on the income-tax officer to exercise the statutory discretion before treating the assesses petitioner as an assessee in default and proceeding to take steps for recovery of the tax. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1506; [1986]157ITR411(KAR); [1986]157ITR411(Karn)
..... the assessee was a registered firm and was assessed as such for the assessment years 1962-63, 1963-64, 1966-67, 1967-68, 1968-69 and 1969-70. ..... the amount so added for the various years are as follows : 'assessment year commission paidrs.1962-63 70,9901963-64 83,0761966-67 1,44,4691967-68 1,29,8821968-69 1,98,1461969-70 1,91,924'9. ..... in its return for the relevant assessment year 1952-53, the assessee did not show any profits under section 10(2) (vii) of the indian income-tax act, 1922, nor did it show the price received excess of the written down value of the assets in ..... in the intervening two years relevant to the assessment years 1964-65 and 1965-66, the business was carried on by tribhuvandas as sole proprietor, with which we are not concerned in these matters. 3. ..... 175 of 1978, for the assessment year 1962-63, we answer the second question in the negative and in favour of the assessee 35. ..... as mentioned earlier, for the assessment years 1964-65 and 1965-66, the business became the proprietary concern of tribhuvandas. ..... we cannot, therefore, hold that the assessee for the assessment year 1962-63 had failed to disclose fully and truly all the material facts necessary for the purpose of assessment. ..... for the assessment years 1962-63 and 1963-64, the firm was constituted by an instrument dated november 15, 1960, with three partners including tribhuvandas. ..... one tribhuvandas was one of the partners of this firm in all the previous years relevant to the said assessment years. .....
Tag this Judgment!Court : Karnataka
Reported in : (2005)196CTR(Kar)481; ILR2005KAR2758; [2005]278ITR436(KAR); [2005]278ITR436(Karn)
..... by the karnataka electricity board for acquiring its business of distribution of electricity and therefore, there was no omission or failure to disclose the material facts to the assessing officer before completion of the assessment for the assessment year 1973-1974 and therefore, the provision of section 147(a) of the act are not applicable and therefore, the view taken by the tribunal is contrary to the ..... market price of the plant and machinery of the assessee taken over by the board under the indian electricity act, had become payable and due in the financial year 1969-1970 relevant to the assessment year 1970-1971.the apex court in this decision has observed that on acquisition of the plant and machinery of the assessee, its price under section 7a of the ..... sold to karnataka electricity board and according to the appellant authority, the same is justiciable, for the reason, that the assessee though in its return of income filed for the assessment year 1973-1974 had disclosed the taking over of the assessee's business by the government on 13-11 -1972 but had not disclosed about the claim of compensation made before the karnataka ..... of arguments that the case may fall under section 147(b) of the act, the limitation for issue of notice in such a case would be four years from the end of the relevant assessment year, and since the proceedings are initiated beyond the period of limitation prescribed under the act, the same is without jurisdiction and therefore, the first appellate .....
Tag this Judgment!Court : Karnataka
Reported in : 1982(2)KarLJ353; [1983]52STC214(Kar)
..... its registered office at madurai in the state of tamil nadu (hereinafter referred to as 'the asesses company') challenging the orders of the assistant commissioner of commercial taxes (assessment) i, bangalore division, bangalore, for the assessment years 1973-74, 1974-75 and 1976-77 relating to certain sales of bus bodies to the karnataka state road transport corporation, bangalore, (hereinafter referred to as 'the corporation'). ..... been paid in both the states, on the same transactions, it is just and necessary that a direction may be made to the first respondent to refund the amount paid by the company for the assessment years 1973-74, 1974-75 and 1976-77 in respect of the payments made to the tamil nadu sales tax authorities under the central sales tax act for the relevant years regarding the same transactions. ..... it is stated that the impugned assessments were concluded in accordance with the returns filed by the asesses company in the relevant assessment years and that the company was fully aware that it was liable to pay the karnataka sales tax in accordance with the decision of the high court of karnataka in the case of shankar vittal ..... impugned assessment orders at annexures k1, k2 and k3 are set aside in so far as they bring to tax under the act sales of bus bodies in the relevant assessment years as ..... the impugned assessment orders for the relevant assessment years are produced as annexure k1 dated 28th july, 1975, annexure k2 dated 16th december, 1975, and annexure k3 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR1078; [2006]146STC609(Kar)
..... claim of stock transfer, being of the view that the assessing authority without verifying any of the transactions relating to the consignment transfer and the movement of goods thereon, has mechanically accepted the 'f'form declarations, had issued notice to the assessee under section 22-a(1) of the kst act, interalia directing him to show cause why the order passed by the assessing authority for the assessment year in dispute under cst act should not be revised and ..... a direction to the assessing authority to redo the assessment in so far as cst assessments should not be passed. ..... lastly, the assessing authority could not have drawn adverse inference merely because the assessee failed to produce the books of accounts in support of its claim of stock transfer of its branch office at ponda-goa, since under rule 26(10) of the karnataka sales tax rules, the assessee is expected to keep the books of accounts only for a period of five years from the end of the assessment year.7. .....
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