Court : Karnataka
Reported in : (1986)54CTR(Kar)342; ILR1987KAR1088; [1986]161ITR190(KAR); [1986]161ITR190(Karn)
..... the gains relate to lands and buildings and 35% where they relate to other assets. 30. prior to the amendment made by the finance act, 1970, the definition of the term 'capital asset' in section 2(14) of the income-tax act, 1961, excluded from its scope, inter alia, agricultural land in india. accordingly, no liability to tax arose on gains derived from transfer of ..... those references, the petitioner has moved this court on march 12, 1981, under article 226 of the constitution challenging the validity of section 2(14)(iii) of the act inserted by section 3 of the finance act of 1970 (central act no. 19 of 1970) (the finance act), on the sole ground that the same was beyond the legislative competence of the union parliament. 5. the respondents have resisted the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant1; [1956]26CompCas121(Kar)
..... not only the kinds of things specifically described as being included in the term 'business' but also the kinds of things which are specifically mentioned in section 3, english finance act, viz., 'through or from any branch, factories, agency, receivership or management.' it was held that profits made by a company outside india on ..... premiums of participating policies collected and sent by its branch in india, by investment outside india are profits liable to tax in india by virtue of sections 3, 4 and 42 of the act ..... to be construed as constituting a partnership. the court held that the relationship was in the nature of licence and that there was 'business connection' under section 42 of the act. hira mills ltd. cawnpur v. income-tax officer, cawnpur : [1946]14itr417(all) relied upon in support of the contention to the contrary is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant14; AIR1951Mys14
..... his application may be treated as one by a person interested to enforce a statutory duty imposed upon the university to make provision for the instruction of students under section 3, universities act, viii [8] of 1904. dealing with this contention chowdhary j. observed :'before dealing with the question of statutory duty, if any, involved in this ..... personal right.'thus only a person whose property, franchise or personal right would be injured by the for bearing or doing of the specific act can make an application under section 45, specific relief act. the applicant must show that he had a real and special interest in the subject-matter and special legal right to enforce. see r ..... is a corporate body and that it can therefore make such application to the court in its own name. under section 7, societies registration act, it is provided that a society which is registered under that act may sue or be sued in its own name and for that purpose it may have a corporate existence of its .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant70; AIR1951Mys70; [1951]2STC122(Kar)
..... or the revising authority refuses to make such reference, the applicant may apply to the high court with in thirty days of such refusal order under section 16 of the act. it is thus seen that in the words of lord uthwatt in raleigh investment co. ltd. v. governor-general in council ([1947] 15 i ..... and 'tax assessed' cannot the same meaning. as there is fundamental difference between those expressions the decision under madras general sales tax act is inapplicable. the madras legislature amended the act by adding section 16(a) which bars the criminal courts from entering into the legality or otherwise of the assessment. even after the amendment the ..... , after giving a reasonable opportunity to the assessee to prove the correctness and completeness of the return submitted by him. section 14 of the act provides for filing an appeal objecting to an assessment. section 15 constitutes the government as the revising authority. after appeal and revision, the dealer or the assessing authority may, by .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant53; AIR1952Mys53
..... the defence of the accused.5. the petitioner relies upon 'in re united motor finance co.' air (22) 1935 mad 325, where cornish, j., observes:'that the power under section 428 should not be exercised for the purpose of filling up a gap in the prosecution when the necessary evidence was ..... it should record its reason for exercising that jurisdiction. but it cannot be denied that it forms an exception to the general rule and the powers under the section must always be exercised with great care, especially on behalf of the prosecution, lest the admission of additional evidence for the prosecution, should operate as prejudicial to ..... by the prosecution is reported in bansilal ganga ram v. emperor', air (15) 1928 bom 241, where in a case concerning an offence under the bombay abkari act, the question was as to whether certain bottles contained cocaine, the report of the excise analyst was objected to and held inadmissible with the result that no evidence .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant1; AIR1952Mys1; (1952)30MysLJ192
..... a hindu father executes a sale-deed as guardian of his son will not take the case out of article 123 of the limitation act and bring it under article 44 which applies to cases where property belonging to a minor is transferred by his guardian'. 'the ..... mere description as guardian of the plaintiff would not at all make him a guardian within the meaning of article 44 of the limitation act.. . ....the plaintiff as a member of a joint family has got a period of 12 years for challenging any alienation made by ..... ) 1935 mad 1 cited by the appellant's counsel is distinguishable as the alienation sought to be set aside was that of the mother acting as guardian of the plaintiff and not as in this case that of the father who besides having an interest of his own, has ..... on behalf of the appellant who is the alienee is that the suit is barred by virtue of article 44 of the limitation act as it prescribes a period of only 3 years from the date the ward attains majority for suits by wards to set aside .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant1; AIR1953Mys1
..... position in the case of a decree passed in a suit, i see no reason for treating the order of the rent controller which is a decree under. section 9 of the act on a different footing. if, before the rent controller, in answer to the petition filed by the landlord for eviction the tenant failed to raise the objection that ..... the lease, or where such time limited conditionally on the happening of some event, by the happening of such event and other grounds set out in section 111 of the transfer of property act. the necessity to issue a notice and its sufficiency for determining the tenancy is not therefore in all cases a pure and simple question of law but ..... to the landlord. to enforce the order an execution petition was filed in the city civil court under section 9 of the madras buildings (lease and rent control) act of 1946, which corresponds to section 11 of our order of 1946. under that section also the order is executable as if it were a decree passed by the court. the tenant objected .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant16; AIR1953Mys16; ILR1953KAR128
..... lohis are included by the indian railway board in the general classification of goods and not treated as shawls for the purpose of section 75 of the indian act corresponding to section 59 of the mysore act and this is borne out by what is found in the goods tariff no. 26 of 1-6-1944 issued by the indian ..... of the company. the notice was sent in october 1942 and in november 1942 the superintendent general was authorised to receive notices under section 77 of the indian act corresponding to 61 of the mysore act. the delegation of authority though subsequent to the date of the notice the notification was regarded as sufficient to validate the notice. the ..... case clearly states 'any notice served wilt be treated as equivalent to one served on the railway administration in compliance with the provisions of sections 61 and 122 of the mysore railways act'. at the time the notification was issued the claim with respect to the undelivered bale was pending consideration and having regard to the terms .....
Tag this Judgment!Court : Karnataka
Reported in : 1955CriLJ524; ILR1954KAR460; [1955]6STC211(Kar)
..... the tax levied by the sales tax officer, the assessee has a right to object to the tax under section 14 of the act. section 15 provides for revision by government and a demand for reference to the high court on a question of law may be availed of by the assessee under ..... turnover for purposes of determining the value of materials supplied and used in the contracts. 4. it is undisputed that the assessing officer did follow the procedure prescribed under section 12 of the act in levying the tax under question. in spite of demand notices having been served on the petitioner; the taxes remained unpaid and hence a prosecution was launched. against ..... c.c. nos. 1180 and 1181/53 on his file and sentenced to pay a fine of rs. 25 in each case. 2. the prosecution was under section 20 of the mysore sales tax act and related to the default in the payment of sales tax assessed amounting to rs. 243-11-3 for the year 1950-51 and rs. 956-6 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant41; AIR1955Mys41; (1956)34MysLJ193
..... against the tax levied by the sales tax officer, the assessee has a right to object to the tax under section 14 of the act. section 15 provides for revision by government and a demand for reference to the high court on a question of law may be availed of by the assessee under ..... turnover for purposes of determining the value of materials supplied and used in the contracts.4. it is undisputed that the assessing officer did follow the procedure prescribed under section 13 of the act in levying the tax under question. in spite of demand notices having been served on the petitioner; the taxes remained unpaid and hence a prosecution was launched. ..... bangalore in c. c. nos. 1180 & 1181/53 on his file and sentenced to pay a fine of rs. 25/- in each case.2. the prosecution was under section 20, mysore sales-tax act, and related to the default in the payment of sales-tax assessed amounting to rs. 243-11-3 for the year 50-51 and rs. 956-6-3 .....
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