Court : Karnataka
Reported in : [1964]52ITR370(KAR); [1964]52ITR370(Karn)
..... the decision in doorga prosad v. secretary of state and other decisions. he also referred to the amendment to section 2(m) by clause 20 of the finance act. the order of the appellate assistant commissioner is annexure 'a' and forms part of the case. 6. there ..... made for the payment of income-tax is a 'debt owed' within the meaning of that expression found in section 2(m) of the wealth-tax act. but the provision made for the payment of wealth-tax is not such a 'debt' and, therefore, the ..... 'whether the provision for the income-tax and wealth-tax are debts owed on the valuation date as contemplated under section 2(m) of the wealth-tax act, and are allowable in the computation of the net wealth?' 8. for the reasons mentioned in our judgment in t ..... of the liabilities on a subsequent date did not take them out of the category of deduction allowable under the wealth-tax act. 5. the appellate assistant commissioner rejected the claim holding that the tax liability does not ripen into a debt unless the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant159; AIR1964Mys159; (1963)2MysLJ383
..... contesting respondents are of a professor or of a reader in physics at the university of mysore. they are certainly not posts or offices created by the constitution. section 13 of themysore university act gives a list of statutory authorities of the university, viz., -(a) the senate, (b) the syndicate, (c) the academic council, (d) the ..... faculties, (e) the boards of studies, (f) the board of appointments, (g) the committee of finance, and (h) such other bodies as may be declared by statutes to be ..... the authorities of the university.' no declaration under clause (h) assimilating the position of professors and readers to a statutory authority of the university has been brought to our notice. nor is there any provision of the act which enumerates .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1963KAR561; [1963]14STC587(Kar)
..... the supreme court regarded the penalty as an additional tax and repelled the argument that the power to impose the penalty under section 40 of the hyderabad income-tax act was not saved by section 13(1) of the finance act, 1950. it is not necessary in the present case to consider the effect of the said supreme court decision on the ..... . in that case, the court had to consider the legality of the imposition of a penalty under section 58 of the repealed hyderabad income-tax act; the question was whether that section 58 was preserved by section 13(1) of the indian finance act, 1950. the contention urged in that case was that although for the purpose of levy, assessment and ..... makes a distinction between a tax and a penalty is, in our opinion, almost conclusive of the fact that section 13(1) of the finance act did not intend that the provisions of the hyderabad income-tax act should continue to be operative or in force for the purposes of the imposition of a penalty under its provisions.' 16. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant250; AIR1964Mys250; (1963)2MysLJ1
..... contributed to a more progressive view and the most effective answer to the animadversions of erie, c.j., is what is supplied by the advocates act (act no. 25 of 1961) section 30 of which confers on an advocate governed by its provisions the right of audience before a tribunal or person authorised to take evidence.20. ..... tax officer,(under suspension),no. 38, theobald road,nazarbad, mysore. sir,with reference to your letter dated 9/12th september 1959 addressed to the minister for finance, i am directed to inform you that your request for permission to engage a legal practitioner to defend your case in the departmental proceedings' against you cannot be ..... officer,(under suspension),no. 38, thaobald road,nazarbad, mysore. sir,with reference to your setter dated the 9/12th september 1959 addressed to the minister for finance, i am directed to inform you that your request for permission to engage a legal practitioner to defend your case in the departmental proceedings against you cannot be .....
Tag this Judgment!Court : Karnataka
Reported in : (1963)IILLJ694Kant
..... commercial tax officer,(under suspension), no. 38. theobald road,nazarbad, mysore. sir with reference to your letter dated 920 september, 1959 addressed to the minister for finance, i am directed to inform you that your request for permission to engage a legal practitioner to defend your case in the departmental proceedings against you cannot be ..... tax officer, (under suspension), no. 38, theobald road, nazarbad, mysore. sir with reference to your letter dated 9/12 september 1959 addressed to the minister for finance, i am directed to inform you that your request for permission to engage a legal practitioner to defend your case in the departmental proceedings against you cannot be granted ..... preferred from the decision of the gas examiner functioning under that act to the chief gas examiner who had to decide that appeal 'after hearing the parties.' the chief gas examiner to whom an appeal was preferred under its provisions interpreted that section as making it his duty to hear an agent of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant204; AIR1964Mys204
..... , the income of the assessee attracts the quality of taxability with reference to the standing provisions of the act but the payability and quantification of the tax are deferred on the passing and application of the annual finance act.35. the supreme court appear to have affirmed this view over again in kalwa devadattam v. union of india, civil appeals ..... of the settlement of his action.the sum was paid in july, 1954 to the law society far the legal aid fund in accordance with the legal aid and advice act, 1949, sec. 2 (2) (d) and the legal aid (general) regulations, 1950, reg. 16. part of that sum was paid out to p., leaving a balance in ..... close of the previous year and the assessment will necessarily be made after the close of that year. but the liability to tax arises by virtue of the charging section alone, and it arises ant later than the close of the previous year though quantification of the amount payable is postponed.***************************33. this view was reiterated by the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1963KAR940; [1964]53ITR757a(KAR); [1964]53ITR757a(Karn)
..... the manager for the duties performed by him. therefore the present case is not one that falls within the scope of section 9 of the indian partnership act, 1932. but it falls under section 13(a) of that act, which provides that subject to contract between the partners, a partner is not entitled to receive remuneration for taking part in ..... paid on these shares; further, the company was floated with funds provided by the family and r made no contributions in that respect; the company was all along financed by the family; prior to the accounting year relevant to the assessment year 1943-44, the managing director's remuneration received by r was credited in the books ..... of the karta and his brother were acquired with the funds of the joint family. the company was floated with the funds of the joint family and was financed by it and the remuneration received was credited in the books of the family. the office of the managing director itself was assignable. the articles of association provided .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Mys177; 1964CriLJ313
..... that emerges from the several decisions cited above is that the magistrate must, first of all, decide whether it is necessary for him to inspect the local area under section 539-b of the code of criminal procedure; that it is only after he decides that for the proper appreciation and understanding of the evidence such local inspection is ..... s. no. 294/2 and kumki land in s. no. 244/1-a statute in narimogru village puttur taluk, the executive magistrate, puttur, passed a preliminary order under section 145 (1) of the code of criminal procedure on 1-11-1962 and attached the disputed properties and directed the receiver to take possession and manage the same. by the ..... and that he is entitled to continue to be in possession, thereof until duly evicted therefrom by an order of the competent civil court, in a proceeding started, under section 145 of the code of criminal procedure.2. on the basis of a report from the station house officer, puttur station, that there was a dispute between the members .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant84; AIR1964Mys84
..... recent case of bank of new south wales v. the commonwealth, (1948) 76 clr 1, the court had to consider the validity of the banking act, 1947. some sections of that act provided penalties of 10,000 per day in the: case of certain conduct, but no argument was heard (in a case which was fully argued) ..... been made by the legislature without recourse to the extremely drastic step of obliterating the posts themselves;(g) that in the amendments made by the impugned act to sections 14 and 16 of the mysore and bombay land revenue codes was implicit the continuance of the old posts of village accountant and patels.(h) that ..... work.' appearing in this communication.154. it cannot be denied that these instructions which regulate transitional appointments, speak of appointments to the old posts which section 4 o the impugned act in terms abolished. but that imprecise phraseology employed for executive instructions during the transitional period, cannot obscure or dwarf the importance or effect of the .....
Tag this Judgment!Court : Karnataka
Reported in : [1964]54ITR72(KAR); [1964]54ITR72(Karn)
..... firm, regard should be had to the real relation between the parties as shown by all relevant facts taken together. the only other relevant section in the partnerships act which we need notice is section 20, which says : 'the partners in a firm may, by contract between the partners, extend or restrict the implies authority of any ..... kate 2 shares________________________________________________________________________ 6. that it is agreed among the partners that the party no. 1, i.e., shri. k. d. kamath, shall be the principal and financing partner and the rest of the partners, i.e., from nos. 2 to 6, are admitted only as working partners contributing labour. 7. that the goodwill of the ..... deed are reproduced below for facility of reference. '8. that the party no. 1, i.e., shri k. d. kamath, who is the principal and financing partner and by virtue of his having the long-standing experience in the line of business together with the technical knowledge of engineer, shall have the full right of .....
Tag this Judgment!