Array ( [0] => ..... powers, authority and responsibilities of municipalities, etc., article 243-x deals with power to impose taxes by, and funds of the municipalities, article 243-y deals with finance commission, article 243-z deals with audit of accounts of municipalities, article 243-za deals with elections to the municipalities, which is relevant to extract here, which is ..... such appearance shall, if the court so directs, be made by the party in person. order 3, rule 4(1) as per karnataka amendment says that no pleader shall act for any person in any court, unless he has been appointed for the purpose by such person by a document subscribed with his signature in his own hand ..... 10 is not available.43. learned counsel for appellant contended that the election petition is filed on 2-12-1996 and is within time and therefore not time-barred by limitation.44. section 33 of the act provides that no election of a councillor shall be called in question except by an election petition presented for adjudication to ..... [1] => ..... this section does not further provide for collecting any surcharge. anyhow, counsel for the respondents has brought to my notice sub-section (6) of section 2 of the finance act, 1995, which reads as under : 'in cases in which tax has to be collected under section 206c of the income-tax ..... present case, the petitioner is admittedly not a company. therefore, 10 per cent. surcharge on income-tax cannot be collected, as sought to be done under condition no. 9 referred to earlier. the respondents are accordingly restrained from collecting any surcharge from persons other than the domestic companies. 11. the writ petition is accordingly allowed in ..... the constitutional validity of the old provision is still pending before the supreme court, i refrain from entering into the said question. despite the same, i find no good ground for restraining the respondents from making collections in terms of the legislative mandate, because, irrespective of the ultimate judgment of the apex court, the petitioners ..... [2] => ..... confirming the order of the appellate commissioner and the order passed by the deputy commissioner of income tax, circle-11(5), bangalore.2. the respondent-assessee is an undertaking of government of karnataka engaged in financing industrial units. during the assessment year 2009-10, the assessee had made investments to the tune of rs.1,24,04,17, ..... respect of such expenditure in relation to income which does not form part of the total income under this act. (3) the provisions of sub-section (2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total ..... 118/- in securities on which it earned dividend income of rs.2,51,95,563/-. the assessee company filed its return of income for ..... [3] => ..... 4 lakhs. therefore, as the tax effect is rs. 4,87,730/-, as it was above the monetary limit prescribed under instruction no. 2/2005, the appeal filed under section 260a of the act is maintainable and instruction no.3/2011 is not applicable to the present case. 4. per contra sri. a. shankar, learned counsel appearing for the assessee submitted ..... litigation in similar cases with a view to bring the revenue’s right to file or not to file appeal. the new section 268a of the income tax act was inserted by finance act, 2008 with retrospective effect from 01.04.1999. the said provision reads as under: 268a. filing of appeal or application for reference by income-tax authority,- ..... sub-section (5) of section 268a mandates that instructions, orders or directions, even issued earlier, i.e., prior to the insertion of section 268a in the 1961 act, by the finance act, 2008, fixing monetary limits for filing of appeals, shall be deemed to have been issued under sub-section (1) of section 268a of the 1961 ..... [4] => ..... [1980]122itr594(bom) , also dealt with the question whether the right of reconveyance is within the meaning of section 2(14) of the act. coming to clause (e) of section 269ua, if talks of persons interested in relation to any immovable property. if no interest is created in favour of the transferring by the reason of a mere contract for sale, he cannot ..... to the transferor under section 269ug(1) read with sub-section (3). 9. chapter xx-c of the income-tax act which contains the provisions to which we have to bestow considerable attention came to be introduced by the finance act, 1986, with effect from october 1, 1986. in the definition under section 269ua, the important definition for our purpose is ..... by the privy council decision in dayal singh v. inder singh [1926] air 1926 pc 94; 53 ia 214, 28 bom lr 1372, but was restored by the amending act 2 of 1927. some dicta in skinner v. skinner [1929] air 1929 pc 269; 56 ia 363; 33 cal wn 1150, which may seem to infringe this rule are explained ..... [5] => ..... . rozario takes this court through the statement of objections so filed to contend that the petitioner is only a central relief committee constituted under the act and has no locus to maintain the writ petition. it is his submission that rehabilitation of slum dwellers is equally important, as that of rehabilitation of beggars. ..... constitute a central relief committee (hereunder referred to as the committee). (2) the committee shall consist of,- (a) the secretary to government .. member social welfare and labour department. (b) the director of social welfare in .. member karnataka (c) the secretary to government, .. member finance department. (d) four non-official members .. members. nominated by ..... 23)(cid:23)(cid:23) ****ss++ss++ ,,++,,++ 5555 iiii qqqq (cid:30)(cid:30)(cid:30)(cid:30) 4444 oooo (cid:131)(cid:131)(cid:131)(cid:131)llllhhhh >>>> ?.?.?.?. ii ii tttt + + + + :::: @@@@ wwww, cccc aa__aa__ (((( (cid:17)(cid:17)(cid:17)(cid:17) (cid:13)(cid:13)(cid:13)(cid:13) . .3 ****++++ 27 ..... [6] => ..... pass block period assessment order.4. the learned counsel for the revenue further submits placing strong reliance on the circulars relating to the provision in finance (no. 2) act, 1998 that certain clarificatory amendments in procedure for block assessment are provided. he has also placed strong reliance on the last unnumbered para contained at ..... the last drawn panchnama in relation to any person in whose case the warrant of authorisation has been issued as stated in expln. 2 to sub-section (2) of section 158be of the act. in the instant case, two authorisations were issued by the officer empowered for the purpose of conducting search both in the official premises ..... questions of law framed in it appeal no. 69/2002 are extracted hereunder:11. whether the tribunal is correct in holding that the last drawn panchnama dt. 12th feb., 1996 should not be taken into consideration for the purpose of computing limitation as per expln. 2 to section 158be of the act, but intermediary date i.e., 19th ..... [7] => ..... the rules.5. in exercise of powers conferred by sub-section (1) of section 3 read with section 8 of the karnataka state civil services act, 1978 (karnataka act no. 14 of 1990), government of karnataka published the rules called the karnataka education department services (collegiate education department) (special recruitment) (amendment) rules, ..... ) (department of collegiate education) (special) rules, 1996(hereinafter called 'the absorption rules'). relevant rules for the purpose of adjudication of the issues are:'2(b) 'part-time lecturer' means a person.- (i) appointed in a government first grade college to discharge the residuary teaching workload, if any, ..... and unfair to those who are lesser fortunate in society with little or no approach even though better qualified, more meritorious and well deserving. the infection is widespread in government or semi-government departments or state financed institutions. it arises either because the appointing authority resorts to it deliberately ..... [8] => ..... (hereinafter referred to as the evidence act, for brevity), is clearly an erroneous view, as the said section would apply only in respect of certified copies of a public document and not otherwise. further, there were also no pleadings in the written statement of defendant no.2 in respect of the said exhibits d-14 to d-33 and hence, the ..... finding of the trial court was that the first defendant society was in a position to convey title in respect of the suit property in favour of defendant no.2. defendant no.1 is not shown to have had title to the suit property and it is hence perplexing that the court below has arrived at such a finding. there ..... transfer and would therefore bind the plaintiff and his brothers. the subsequent transfer made on the strength of the power of attorney, by the society in favour of defendant no.2, who has produced ample material to establish her possession over the suit property, as discussed in detail by the trial court, was binding on the plaintiff and hence ..... [9] => ..... , and(b) a further penalty equal to ten percent of the amount of tax due.iv. section as it stood after amendment by act no. 5 of 2008 with retrospective effect from 01/04/2007.section 72. penalties relating to returns and assessments:(1) a dealer who fails ..... 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 01/04/2006.section 72. penalties relating to returns:(1) a dealer who ..... 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 01/08/2008.)while this is an ..... [10] => ..... therefore unconstitutional, fails and is accordingly rejected.54. that still leaves the question of challenge to the validity of section 72[2] of the act as has been done in the case of writ petitioner in wp no. 10135 of 2006 and in the other writ petitions though it is not challenged there is the effect of levy of penalty ..... consequentially the assessing officer having assessed the tax without this facility under the provisions of section 4 of the act. it is therefore submitted that in such cases, there is no scope for levy of penalty under section 72[2] of the act and if the provision should be declared as unconstitutional, penalty orders are not sustainable and should be quashed ..... under section 72[2] of the act in the context of cancellation of facility of composition under section 15 of the act and in the other four writ petitions, namely, wp nos. 10329 of 2008, 11279 of 2008, 14595 of 2008 and 6493 of 2009, the ..... [11] => ..... of the act and under the said provision where the total income computed under the provisions of the act is found to he less than 30% of the book profit, the total income ..... tax is not paid on the tax payable under section 115j of the act. it is further averred that section 115j ceased to be effective from the assessment year 1991-92. the scheme of mat, however, was revived effective from the assessment year 1997-98 by the finance (no. 2) act, 1996 by insertion of a new charging section 115ja into chapter xiib ..... levy of interest under section 234-b and 234-c of the act for non-payment of advance tax. the learned counsel submitted that there was no liability to pay tax in advance prior to the amendment introduced by finance act, 2002. what was payable was tax of 7 1/2% tax on such book profit and in the absence of any provision ..... [12] => ..... statute ignoring the intention of the legislature which could be primarily gathered from the language used in first proviso to section 11(2) of the mmdr act.24.12.2. the apex court in reserve bank of india v. peerless general finance and investment co. ltd. and ors. reported in air 1987 sc 1023 at paragraph 33 held as follows:interpretation must ..... the decision is taken by the state government to grant the mining lease in favour of a particular party. but for the clearance, which is mandatory under section 2 of the fc act, no mining operation can be carried out. in other words, even after the preliminary decision of the state government in favour of granting mining lease, still the central ..... of the firm or members of the association are citizens of india; and(b) in the case of an individual, only if he is a citizen of india.(2) no mining lease shall be granted by the state government unless it is satisfied that-(a) there is evidence to show that the area for which the lease is applied ..... [13] => ..... higher, and(b) a further penalty equal to ten percent of theamount of tax due.iv. section as it stood after amendment by act no. 5 of 2008 with retrospective effect from 01/04/2007.section 72. penalties relating to returns and assessments:(1) a dealer who ..... 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 01/04/2006.section 72. penalties relating to returns:(1) a dealer who ..... 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 01/08/2008.)while this is an ..... [14] => ..... correctness and legality of the order passed by the authority for clarifications and advance ruling in order no. ar. clr. 436/2003-06 dated 18.4.2006 under section 16 of the karnataka value added tax act, 2003 (hereinafter referred to as 'the tax' for brevity).2. the facts leading to the filing of this appeal are that the appellant is having an ..... also the rate of tax. it was contended that as per section 4(1)(a)(ii) of the act, the rate of tax applicable to the goods specified in the iii schedule is 4% and goods which are not specified in the schedule or in respect of which no notifications are issued either granting exemption attracts tax at 12.5%. it was contended ..... goods were liable to tax under section 4(1)(b) at 12.5%?2) on the facts and in the circumstances of the case of the appellant, whereby an amendment made with effect from 1.4.2006 the expression 'dry chillies' in sl. no. 89 of third schedule to kvat act, 2003 was expanded to include 'cut chillies', spent chillies and chilly ..... [15] => orderd.v. shylendra kumar, j.1. writ petitions by an assessee assessed under the provisions of the karnataka value added tax act, 2003 [for short 'the act] who was aggrieved by the order dated 11.2.2008 passed under section 38[1] of the act for the period from april 2005 to december 2006 as per the order passed by the assistant commissioner of commercial ..... 148[1] of the rules is fulfilled for effectuating the provisions of section 62[3] of the act and submits that the appellate order suffers from infirmity for this reason also.9. the relevant statutory provisions such as sections 62[2], 62[3] of the act read with rules 148[4] and 149[3], 149[4], 149[5] and 149[6] of the ..... rules all read as under:62. appeals:[2] the appeal shall be preferred,[a] in respect of an order of assessment, within thirty days ..... [16] => ..... did not exceed rs. 15 crores on april 1, 1993, for a period of 7 years from april 1, 1993. notification dated april 2, 1994, issued under section 7 of the bihar finance act, 1981, limited the facility or benefit under the policy to old industrial units which had not availed of any facility or benefit under any industrial ..... policy announced by the government of karnataka, the state government, in exercise of its powers under sub-section (1) of section 8a of the kst act, has issued a notification in no. fd 171 csl 93(1), dated august 28,1993. the said notification is gazetted on september 23,1993. the notification provides for exemption from the ..... the assessing authority are affirmed by the first appellate authority in the appeal filed by the assessee.5. apart from other reliefs sought, petitioner in w. p. no. 5059 of 2002 calls in question the correctness or otherwise of the orders passed by the assessing authority and confirmed by the first appellate authority for the assessment year ..... ) Finance No 2 Act 2009 Chapter Iii Direct Taxes - Court Karnataka - Page 9 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: karnataka Page 9 of about 5,197 results (0.295 seconds)

Oct 14 1998 (HC)

S. Shekhar Vs. Commissioner and Returning Officer, Bangalore City Corp ...

Court : Karnataka

Reported in : 1999(1)KarLJ98

..... powers, authority and responsibilities of municipalities, etc., article 243-x deals with power to impose taxes by, and funds of the municipalities, article 243-y deals with finance commission, article 243-z deals with audit of accounts of municipalities, article 243-za deals with elections to the municipalities, which is relevant to extract here, which is ..... such appearance shall, if the court so directs, be made by the party in person. order 3, rule 4(1) as per karnataka amendment says that no pleader shall act for any person in any court, unless he has been appointed for the purpose by such person by a document subscribed with his signature in his own hand ..... 10 is not available.43. learned counsel for appellant contended that the election petition is filed on 2-12-1996 and is within time and therefore not time-barred by limitation.44. section 33 of the act provides that no election of a councillor shall be called in question except by an election petition presented for adjudication to .....

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Feb 13 1996 (HC)

A.S. Ibrahim Vs. Union of India and Others

Court : Karnataka

Reported in : ILR1996KAR1706; [1997]225ITR149(KAR); [1997]225ITR149(Karn); 1997(42)KarLJ43

..... this section does not further provide for collecting any surcharge. anyhow, counsel for the respondents has brought to my notice sub-section (6) of section 2 of the finance act, 1995, which reads as under : 'in cases in which tax has to be collected under section 206c of the income-tax ..... present case, the petitioner is admittedly not a company. therefore, 10 per cent. surcharge on income-tax cannot be collected, as sought to be done under condition no. 9 referred to earlier. the respondents are accordingly restrained from collecting any surcharge from persons other than the domestic companies. 11. the writ petition is accordingly allowed in ..... the constitutional validity of the old provision is still pending before the supreme court, i refrain from entering into the said question. despite the same, i find no good ground for restraining the respondents from making collections in terms of the legislative mandate, because, irrespective of the ultimate judgment of the apex court, the petitioners .....

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Nov 20 2015 (HC)

The Commissioner of Income-Tax Vs. M/S Karnataka State

Court : Karnataka

..... confirming the order of the appellate commissioner and the order passed by the deputy commissioner of income tax, circle-11(5), bangalore.2. the respondent-assessee is an undertaking of government of karnataka engaged in financing industrial units. during the assessment year 2009-10, the assessee had made investments to the tune of rs.1,24,04,17, ..... respect of such expenditure in relation to income which does not form part of the total income under this act. (3) the provisions of sub-section (2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total ..... 118/- in securities on which it earned dividend income of rs.2,51,95,563/-. the assessee company filed its return of income for .....

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Nov 02 2011 (HC)

The Commissioner of Income-tax and Another Vs. M/S. Ranka and Ranka

Court : Karnataka

..... 4 lakhs. therefore, as the tax effect is rs. 4,87,730/-, as it was above the monetary limit prescribed under instruction no. 2/2005, the appeal filed under section 260a of the act is maintainable and instruction no.3/2011 is not applicable to the present case. 4. per contra sri. a. shankar, learned counsel appearing for the assessee submitted ..... litigation in similar cases with a view to bring the revenues right to file or not to file appeal. the new section 268a of the income tax act was inserted by finance act, 2008 with retrospective effect from 01.04.1999. the said provision reads as under: 268a. filing of appeal or application for reference by income-tax authority,- ..... sub-section (5) of section 268a mandates that instructions, orders or directions, even issued earlier, i.e., prior to the insertion of section 268a in the 1961 act, by the finance act, 2008, fixing monetary limits for filing of appeals, shall be deemed to have been issued under sub-section (1) of section 268a of the 1961 .....

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Jun 20 1991 (HC)

Rajata Trust Vs. Chief Commissioner of Income-tax and Others

Court : Karnataka

Reported in : (1991)97CTR(Kar)97; ILR1991KAR2350; 1991(2)KarLJ612

..... [1980]122itr594(bom) , also dealt with the question whether the right of reconveyance is within the meaning of section 2(14) of the act. coming to clause (e) of section 269ua, if talks of persons interested in relation to any immovable property. if no interest is created in favour of the transferring by the reason of a mere contract for sale, he cannot ..... to the transferor under section 269ug(1) read with sub-section (3). 9. chapter xx-c of the income-tax act which contains the provisions to which we have to bestow considerable attention came to be introduced by the finance act, 1986, with effect from october 1, 1986. in the definition under section 269ua, the important definition for our purpose is ..... by the privy council decision in dayal singh v. inder singh [1926] air 1926 pc 94; 53 ia 214, 28 bom lr 1372, but was restored by the amending act 2 of 1927. some dicta in skinner v. skinner [1929] air 1929 pc 269; 56 ia 363; 33 cal wn 1150, which may seem to infringe this rule are explained .....

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Feb 08 2024 (HC)

Central Relief Committee Vs. The Deputy Commissioner

Court : Karnataka

..... . rozario takes this court through the statement of objections so filed to contend that the petitioner is only a central relief committee constituted under the act and has no locus to maintain the writ petition. it is his submission that rehabilitation of slum dwellers is equally important, as that of rehabilitation of beggars. ..... constitute a central relief committee (hereunder referred to as the committee). (2) the committee shall consist of,- (a) the secretary to government .. member social welfare and labour department. (b) the director of social welfare in .. member karnataka (c) the secretary to government, .. member finance department. (d) four non-official members .. members. nominated by ..... 23)(cid:23)(cid:23) ****ss++ss++ ,,++,,++ 5555 iiii qqqq (cid:30)(cid:30)(cid:30)(cid:30) 4444 oooo (cid:131)(cid:131)(cid:131)(cid:131)llllhhhh >>>> ?.?.?.?. ii ii tttt + + + + :::: @@@@ wwww, cccc aa__aa__ (((( (cid:17)(cid:17)(cid:17)(cid:17) (cid:13)(cid:13)(cid:13)(cid:13) . .3 ****++++ 27 .....

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Jul 01 2008 (HC)

Commissioner of Income Tax and anr. Vs. T.S. Chandrashekar Through Lrs ...

Court : Karnataka

Reported in : (2009)221CTR(Kar)385

..... pass block period assessment order.4. the learned counsel for the revenue further submits placing strong reliance on the circulars relating to the provision in finance (no. 2) act, 1998 that certain clarificatory amendments in procedure for block assessment are provided. he has also placed strong reliance on the last unnumbered para contained at ..... the last drawn panchnama in relation to any person in whose case the warrant of authorisation has been issued as stated in expln. 2 to sub-section (2) of section 158be of the act. in the instant case, two authorisations were issued by the officer empowered for the purpose of conducting search both in the official premises ..... questions of law framed in it appeal no. 69/2002 are extracted hereunder:11. whether the tribunal is correct in holding that the last drawn panchnama dt. 12th feb., 1996 should not be taken into consideration for the purpose of computing limitation as per expln. 2 to section 158be of the act, but intermediary date i.e., 19th .....

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Mar 02 1999 (HC)

Smt. B. Suvarna Malini and Others Vs. Karnataka Administrative Tribuna ...

Court : Karnataka

Reported in : ILR1999KAR2179; 1999(6)KarLJ6

..... the rules.5. in exercise of powers conferred by sub-section (1) of section 3 read with section 8 of the karnataka state civil services act, 1978 (karnataka act no. 14 of 1990), government of karnataka published the rules called the karnataka education department services (collegiate education department) (special recruitment) (amendment) rules, ..... ) (department of collegiate education) (special) rules, 1996(hereinafter called 'the absorption rules'). relevant rules for the purpose of adjudication of the issues are:'2(b) 'part-time lecturer' means a person.- (i) appointed in a government first grade college to discharge the residuary teaching workload, if any, ..... and unfair to those who are lesser fortunate in society with little or no approach even though better qualified, more meritorious and well deserving. the infection is widespread in government or semi-government departments or state financed institutions. it arises either because the appointing authority resorts to it deliberately .....

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Mar 10 2015 (HC)

S. Nanjappa Vs. Kendriya Upadhyara Sangha, rep. by its Secretary, Bang ...

Court : Karnataka

..... (hereinafter referred to as the evidence act, for brevity), is clearly an erroneous view, as the said section would apply only in respect of certified copies of a public document and not otherwise. further, there were also no pleadings in the written statement of defendant no.2 in respect of the said exhibits d-14 to d-33 and hence, the ..... finding of the trial court was that the first defendant society was in a position to convey title in respect of the suit property in favour of defendant no.2. defendant no.1 is not shown to have had title to the suit property and it is hence perplexing that the court below has arrived at such a finding. there ..... transfer and would therefore bind the plaintiff and his brothers. the subsequent transfer made on the strength of the power of attorney, by the society in favour of defendant no.2, who has produced ample material to establish her possession over the suit property, as discussed in detail by the trial court, was binding on the plaintiff and hence .....

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Jan 02 2009 (HC)

Philips Electronics India Ltd. Reptd. by Its Manager - Corporate Fisca ...

Court : Karnataka

Reported in : 2009(3)AIRKarR1; AIR2009NOC2187

..... , and(b) a further penalty equal to ten percent of the amount of tax due.iv. section as it stood after amendment by act no. 5 of 2008 with retrospective effect from 01/04/2007.section 72. penalties relating to returns and assessments:(1) a dealer who fails ..... 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 01/04/2006.section 72. penalties relating to returns:(1) a dealer who ..... 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 01/08/2008.)while this is an .....

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