Court : Karnataka
Reported in : ILR1965KAR537; [1965]58ITR232(KAR); [1965]58ITR232(Karn); (1965)2MysLJ505
..... order, we hereby draw up an agreed statement of the case and refer it to the high court of mysore at bangalore under section 27(1) of the wealth-tax act. 2. n. g. reddy is the karta of a hindu undivided family. in the assessment to wealth-tax of the family for the assessment year 1957-58, the wealth-tax ..... name of his wife. it is not even shown that the relevant title deeds have been handed over to the wife. the doctrine of advancement familiar in english law has no application in this country. see the decision of the privy council in sura lakshmiah chetty v. kothandarama pillai. our conclusion that the investments in question cannot be considered as ..... counsel points out that the decision of the tribunal that gifts made to santhosh reddy, saraswathi reddy and leenatha devi are within reasonable limits, is a decision on facts and no questions of law arise. he, however, contends that if the case is stated for being referred to the high court, the following questions may also be referred : '(i) .....
Tag this Judgment!Court : Karnataka
Reported in : [2009]20STT314
..... and(b) a further penalty equal to ten per cent of the amount of tax due.iv. section as it stood after amendment by act no. 5 of 2008 with retrospective effect from 1-4-2007.72. penalties relating to returns and assessments.-(1) a dealer who fails to ..... placed before the assembly at the time of the introduction of the bill, which reads as under:statement of objects and reasons [karnataka act no. 32 of 2004].-it is considered necessary to introduce value added tax to replace the present sales tax system in line with the ..... cent but not exceeding fifty per cent of the amount of tax due, together with any tax or interest due.ii. section as it stood after amendment by act no. 4 of 2006 with effect from 1-4-2006.72. penalties relating to returns.-(1) a dealer who fails ..... is higher, if the default is not for more than ten days, and(ii) ten per cent of the tax due, if the default is for more than ten days;[clause (b) is substituted by act no. 5 of 2008 with effect from 1-8-2008.]while this is an .....
Tag this Judgment!Court : Karnataka
Reported in : (2007)208CTR(Kar)152; [2007]292ITR355(KAR); [2007]292ITR355(Karn)
..... india : [1985]155itr120(sc) . after the decision in cloth traders (p) ltd.'s case : [1979]118itr243(sc) , two sections 80aa and 80ab were introduced by the finance (no. 2) act, 1980. while section 80aa was to have retrospective effect with effect from april 1, 1981. section 80-aa had the effect of effacing the decision of this court in cloth ..... .14. the tribunal has chosen to place reliance on the commissioner of income tax : [1986]161itr320(sc) . in the said judgment, there is no reference to section 80ab of the act. therefore the tribunal is not justified in placing reliance on the said judgment and the said judgment is totally inapplicable and it is distinguishable on facts. ..... that the said division bench of this court has not taken into consideration the impact of section 80ab of the act. in the light of the subsequent judgment of the supreme court these judgments are of no assistance to the assessee. in the given circumstances, we deem it proper not to place reliance on this judgment .....
Tag this Judgment!Court : Karnataka
Reported in : [1998]111STC403(Kar)
..... or implied in the conduct of sale or an incidence of contract which make transaction as inter-state sale. the judgment of the bombay high court in 20th century finance corporation ltd, [1989] 75 stc 217, referred to above was dissented. the hiring itself was considered as incident of contract of sale which occasioned in the inter ..... limited v. state of maharashtra [1989] 75 stc 217 and the validity was upheld. the andhra pradesh high court in the case of i.t.c. classic finance and services v. commissioner of commercial taxes [1995] 97 stc 330 again examined this matter, and relying on english electric company of india ltd. v. deputy commercial tax ..... have been assailed and since the controversy is common in all these petitions they are disposed of by this common order.2. in consequence of the 46th constitutional amendment section 5c of the act, was inserted by act no. 27 of 1985 providing for levying and collection of tax on leasing transactions involving transfer of right to use the goods. .....
Tag this Judgment!Court : Karnataka
Reported in : 2010[18]STR146
..... and this statutory provision has undergone a change by the amendment given effect retrospectively from 10-9-2004, as substituted by the finance (no. 2) act, 2004 and again by way of amendment of finance act, 2005 notified on 16-6-2005, it was clarified that service provided by processing of goods is excisable. when this is the state of ..... kumar, j.1. the subject matter of the appeal filed under section 35g of the central excise act, 1944, by the commissioner of service tax, service tax commissionerate, bangalore, is as to whether the tax liability under the provisions of finance act, 2005, in respect of the activity of the respondent-assessee namely, activity of enhancing the acidic ..... value of humic acid supplied to the assessee by its sister concern on job work, by collecting the process charges, for the period from 10-9-2004 to 28-2-2005 was liable to .....
Tag this Judgment!Court : Karnataka
Reported in : (1991)93CTR(Kar)76; [1991]189ITR392(KAR); [1991]189ITR392(Karn); 1991(1)KarLJ233
..... trust in the hands of the trustee or trustees. barring that difference, the purpose of the two sections appear to be the same. by an amendment brought about by the finance act, 1984, with effect from april 1, 1985, section 161(1a) with its proviso and explanation reads as follows : '(1a) notwithstanding anything contained in sub-section (1), ..... on the facts and in the circumstances of the case, the tribunal is right in law in holding that the commissioner of income-tax has no jurisdiction to pass an order under section 263 2. whether, on the facts and in the circumstances of the case, the tribunal is right in holding that the common interest of the beneficiaries ..... on the business, then the expression 'on behalf of' would be attracted. if that element is totally wanting or absent, then what a trustee does is no more than an act for the benefit of the beneficiary or the beneficiaries. applying the same ratio, the high court of judicature at bombay, speaking through a division bench, in the .....
Tag this Judgment!Court : Karnataka
Reported in : [2003]262ITR361(KAR); [2003]262ITR361(Karn)
..... disallowance is to the extent of rs. 4 crores on the asset purportedly leased out. the first appellate authority held in favour of the first respondent.3. the finance (no. 2) act, 1998, introduced a scheme known as 'karnataka vivad samadhan scheme'. subsequent to the notification of the said scheme, the first respondent filed second appeal before the second ..... tribunal and that application was dismissed. the department filed an appeal under section 260a of the income-tax act before this court in i. t. a. no. 166 of 1999. this court dismissed the appeal on the ground that no substantial question of law arises from the order and appeal. thereafter, a miscellaneous petition was filed seeking to ..... render justice to the matter. if only the tribunal has taken pains to notice the various provisions of the act and also the judgment of the supreme court, the tribunal would not have ruled that there was no power to set aside a fraud in the given set of circumstances.16. the punjab high court in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4932; [2006]144STC16(Kar)
..... india and ors. (supra) and binani industries limited v. assistance commissioner of commercial taxes (supra) has followed the principles laid down by the apex court in 20th century finance corporation's case.33. in projects and services centre and anr. v. state of tripura (supra) the contractor had his place of business in west bengal, and purchased ..... . supplying and fitting of electrical goods, supply and installations of electrical equipments including transformers.'11. entry 55 of the fifth schedule as it stood before its deletion by act no. 15 of 1996 with effect from 5.9.1996 is as under:'55. transfer of property in goods (whether as goods or in some other form) involved in ..... in treating the works contract executed by the respondent-company with the keb falls under entry 55 of fifth schedule of the kst act and not under entry 11 of sixth schedule to the act?ii. whether the tribunal was right in law in holding that the goods brought from outside the state for the purpose of execution of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant70; 2008(126)ECC112; 2008(152)LC112(Karnataka); 2008(226)ELT325(Kar); ILR2008KAR2598; 2008(5)KarLJ81; 2008[12]STR671; [2009]19STT467
..... to the petitioner in a sum of rs. 7,83,23,235/- by way of central excise duty and penalty alongwith interest in terms of on adjudication order no. 2/2006, dated 1.3.2006. pursuant to proceedings initiated for clandestine removal of the manufactured goods, it transpires that there was a detention order issued by the ..... created in favour of any secured creditor may be enforced, without the intervention of the court or tribunal, by such creditor in accordance with the provisions of this act.(2) where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any instalment thereof ..... act the customs act and hence, there is no legal basis for the petitioner to claim any such priority whereas the bank as a secured creditor, is a position to do so.14. the counsel would place reliance on the following authorities in support of her case:i) builders supply corporation v. the union of india and ors. : [1965]56itr91(sc) ,ii .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant99; AIR1955Mys99
..... in an agreement entered into between the rajpramukh of mysore and the president of india on 28-2-1950, that is to say, 3 years before the income-tax officer commenced these proceedings. on and from 1-4-1950, by section 13, finance act of 1950, to which the president accorded his assent on 31-3-1950, the mysore income- ..... by his majesty by treaty, grant, usage, suffrage or otherwise.6. the mysore laws were not forthwith extended to the retroceded area. mysore act no. 23 of 1947 (the retrocession (application of laws) act) promulgated by his highness the maharaja on the 4-8-1947 provided that all laws in force in the retrocede area immediately prior to the date ..... proceedings.7. finally on 5-8-1948 his highness the maharaja promulgated mysore act no. 57 of 1948 (the retroceded area (application of laws) act, 1948). that act came into force on and from 15-8-1948. by section 3 of that act, except as provided in that act, all mysore laws were made applicable to the retroceded area and all laws .....
Tag this Judgment!