Judgment Search Results Home > Cases Phrase: finance act 1970 section 16 amendment of section 80mm Sorted by: old Court: karnataka Page 7 of about 2,707 results (0.744 seconds)

B.W. Devadas Vs. the Selection Committee for Admission of Students to ...

Court : Karnataka

Reported in : AIR1964Kant6; AIR1964Mys6; (1963)1MysLJ477

..... the chairman is appointed by the state government of mysore with the approval of the central government, two are representatives of the state government, one from the finance and the other from the technical education department, 'one representative of the central government, two nominees of all india council for technical education, a representative of ..... of 1923. it is not charged with the execution of any governmental functions; its purpose is purely to promote education. though sec. 44 of the act provides for financial contribution by the local government, the university is authorised to raise its own funds or income front fees, endowments and the ..... the karnataka regional engineering college is owned and administered by a society called the karnataka regional engineering college society registered under the provisions of the societies registration act (central act 21 of 1860) and that the said society is not a 'state' within the meaning of article 12 nor can the rules and regulations of .....

D.H. Hazareth Vs. Gift-tax Officer

Court : Karnataka

..... duty on succession as well as estate duty in respect of agricultural land. then comes entry 49 which says : 'taxes on lands and buildings'. no principle of public finance was brought to my notice justifying an interpretation that 'taxes on lands and buildings' means merely the power to tax the lands and buildings as such and not any incidence ..... that for the purpose of determining the category in lists i, ii and iii into which the matters with which a particular act deals falls, resort to the residual power under section 104 (of the government of india act, 1935) should be the very last refuge; it is only when all the categories in the three lists are absolutely exhausted ..... which is of normal and ordinary occurrence has been omitted to be included in the lists is not to be lightly reached. to hold that a topic falls within section 104 should be the last resort of a court of construction.' 19. these observations are equally applicable when we consider the scope of the entries in the lists ( .....

D.H. Nazareth Vs. the 11 Enacted Gift-tax Officer

Court : Karnataka

Reported in : AIR1962Kant269; AIR1962Mys269; [1962]45ITR194(KAR); [1962]45ITR194(Karn)

..... succession as well as estate duty in respect of agricultural land. then comes entry 49 which says; 'taxes on lands and buildings'.no principles of public finance was brought to my notice justifying an interpretation that taxes on lands and buildings' means merely the power to tax the lands and buildings as such and ..... words in a constitutional enactment conferring legislative power the most liberal construction should be put upon the words so that the same may have effect in their widest amplitude, section navinchandra mafatlal v. commissioner others income-tax, bombay city, : [1954]26itr758(sc) .to put it differently, in interpreting the scope of entries in the lists ..... 4' :property' is defined in s. 2(xxii) as that includes any interest in [property, moveable or immoveable section 3 is the charging section and that says: 'subject to the other provisions committed in this act, there will shall be charged for every financial year commencing on and from the stated day of april, 1958, a tax .....

Gowli Buddanna Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : ILR1962KAR500; [1963]50ITR467(KAR); [1963]50ITR467(Karn)

..... family and not of any individual thereof.12. it was next contended by sri srinivasan that in view of certain provisions found in the finance act of 1949 and in the subsequent finance acts, we must hold that the legislature had clearly expressed its intention as regards the meaning of the expression 'hindu undivided family'. according to ..... also rejected his contention but accepted his prayer to refer the afore-mentioned questions of law to this court for its opinion. 5. under section 3 of the indian income-tax act, the liability to pay tax is charged not only on the income of hindu undivided families. the expression 'hindu undivided family' is not ..... committee disagreed with the view of the calcutta high court as regards the meaning to be given to the expression 'hindu undivided family' found in section 3 of the indian income-tax act, 1922. sir goerge rankin, speaking for the judicial committee, observed 'the phrase 'hindu undivided family' is used in the statute with reference, not .....

M.L. Abdul Malik and Co. Vs. Commercial Tax Officer, 2nd Circle, Basav ...

Court : Karnataka

Reported in : ILR1962KAR934; [1963]14STC214(Kar)

..... sugar'. there is no basis for these contentions. ordinarily 'sugar' includes 'sugar candy'. 'sugar candy' is not separately dealt with in the central act 58 of 1957. now coming to he legislative practice, in the finance act, no. 13 of 1960, it is mentioned that ''sugar' means any form of sugar containing more than ninety per cent. of sucrose'; the ..... to accept the scheme provided therein or to continue to levy sales tax on the goods in question but subject to the restriction contained in section 15 of the central sales tax act, 1956. central act 58 of 1957 came into force on 24th october, 1957. the state of mysore appears to have accepted the scheme provided therein. this ..... been paid - those transactions are exempt from sales tax. in view of the history of the legislation referred to earlier, i have to hold that 'sugar' mentioned in section 8(2) still includes 'sugar candy' though 'sugar candy' is separately dealt with under entry 31-b of the fifth schedule. it may be, as contended by the .....

G.K. Thammanna Vs. the Assistant Commercial Tax Officer, Second Circle ...

Court : Karnataka

Reported in : [1963]14STC711(Kar)

..... amendment is therefore entirely within entry 54 of the state list. an amendment falling entirely within entry 54 of the state list effected by the bihar annual finance act, 1950, to the bihar sales tax act, 1947, was held to be legal, not requiring the assent of the president (vide motipur zamindary company (private) ltd. v. the state of ..... contended that rule 6(1) was invalid as it authorised the levy of tax only on sales and was therefore inconsistent with the provisions contained in section 5(1) of the act. the learned magistrate rejected both these contentions on the ground that it was not open to an assessee to question the validity of assessment of ..... pages 277 to 278 of the australian constitution by nicholas (2nd edition) : 'the restriction of freedom may occur at any stage of the inter-state journey ....... the section does not refer only to restriction at the frontier, so long as the law relates to a passage across the frontier. it refers to one operating against transference from .....

Tokyo Shibaura Electric Co. Ltd. (by Agents Radio and Electricals Mfg. ...

Court : Karnataka

Reported in : [1964]52ITR283(KAR); [1964]52ITR283(Karn)

..... commissioner, that in all the aforesaid years the correct assessable income had to be ascertained only by grossing up the net amount with reference to the provisions of the finance acts for the relevant assessment years. copies of the grounds of appeal are collectively annexed hereunto as annexure 'c' and forms part of the case. 7. the ..... bear the taxes. he is not entitled to recover the same by deduction or otherwise from the recipient as would be the case if the liability fell under section 18. therefore, in our opinion, if the amount ultimately to reach the principal company was the amount calculated in the manner laid down in paragraph a of ..... pounds 20 nett per month 'without any deductions and taxes, which will be borne by the association.' the employers deducted tax from the salary under section 1 of the income tax (employments) act, 1943, and the employee brought an action to recover the amounts deducted on the ground that the deductions were in breach of his service agreement .....

Commissioner of Income-tax, Mysore Vs. Lakshmamma

Court : Karnataka

Reported in : [1964]52ITR789(KAR); [1964]52ITR789(Karn)

..... supreme court in mcgregor and balfour ltd. v. commissioner of income-tax. but that decision turned on the interpretation of section 11(14) of the finance act, 1946. during the relevant period we had no provision similar to the said section 11(14). hence, no assistance can be taken from that decision. 16. sri srinivasan, the learned counsel for the ..... assessee, strenuously contendd that till the introduction of section 10(2a), which was introduced into the 'act' on april 1, 1955, the ..... has not been trading at all. it has been found possible by the liquidator to make a demand for repayment of the excess profits duty under section 38, sub-section (3), of the act of 1915, and a sum of rs. 63,009 was repaid to the appellant company on the 22nd april, 1924. that sum having been repaid .....

Kishanchand Lunidasingh Bajaj Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : [1964]53ITR604(KAR); [1964]53ITR604(Karn)

..... of income is the real owner and not the nominal owner. 27. the above principle is in no manner impaired by the provisions contained in section 18(5) read with section 16(2) of the 'act', though those provisions have introduced some inconsistencies in the matter of the application of that principle. 28. for the reasons mentioned above, our ..... workers as a going concern; in anticipation of the incorporation of that company the karta of the family took over the concern, carries it on and supplied the finance at all stages out of the joint family fund and the finding was that he never contributed anything out of his separate property, if he had any; the ..... tax has been deducted, and specifying the amount so deducted, the rate at which the tax has been deducted, and such other particulars as may be prescribed.' 15. section 20 provides : '20. the principal officer of every company shall, at the time distribution of dividends, furnish to every person receiving a dividend a certificate to the effect .....

Commissioner of Wealth-tax, Mysore Vs. D.C. Basappa

Court : Karnataka

Reported in : [1964]51ITR790(KAR); [1964]51ITR790(Karn)

..... , the income of the assessee attracts the quality of taxability with reference to the standing provisions of the act but the payability and the quantification of the tax deferred on the passing and application of the annual finance act. 38. the supreme court appears to have affirmed this view over again in kalwa devadattam v. union of india (c. as. nos. ..... of the settlement of his action. this sum was paid in july, 1954, to the law society for the legal aid fund in accordance with the legal aid and advice act, 1949, section 2(2) (d) and the legal aid (general) regulations, 1950, regulation 16. part of that sum was paid out to p., leaving a balance in the legal ..... could properly be described as the 'joint property of' that family, and was, therefore, exempt from estate duty on - in this case - the death of the father, under section 73 of the ordinance. 12. for the reasons mentioned above, our answer to the second question is that the assessment should have been made on the assessee as the karta .....