Court : Karnataka
Reported in : [2003]260ITR273(KAR); [2003]260ITR273(Karn)
..... and to have the matter settled through the settlement commission. the decision of the settlement commission is made final and conclusive by section 245-i of the income-tax act, 1961.section 245l declares all proceedings before the settlement commission to be judicial proceedings. the provision for settlement would show that it is in the nature of ..... recorded by the commission. the court would interfere with the order of the settlement commission only if it was found to be contrary to the provisions of the income-tax act. reliance is also placed on the decision given in the case of n. krishnan v. settlement commission : [1989]180itr585(kar) wherein, it was observed that ..... will be paid in eight quarterly instalments, the first instalment starting after 35 days of service of demand notice. interest under section 220(2) of the income-tax act was to be charged from the firm as well as the partners with the last quarterly instalments. it was also observed that the settlement shall be declared .....
Tag this Judgment!Court : Karnataka
..... the reserve bank of india under the foreign exchange management act, 1999 (42 of 1999) and who fulfils the non- resident indian status as per the income tax act, 1961 (43 of 1961). anushka rengunthwar 3.8 the aforementioned notifications issued under section 7b(1) of the citizenship act, and in particular notification dated 4th march 2021, ..... solicitor general. it was then submitted that the rights of the oci cardholders cannot be claimed beyond the notification issued under section 7b of the citizenship act. he submitted that therefore, the rationale lies in not grouping the oci cardholder with indian citizen for applying 371j reservation. 4.5 learned additional ..... being enjoyed by the petitioners. though the notification was sustained as having been backed by competent sovereign power - 28 - under the statute of citizenship act, it was held that it is sustainable prospectively only. it was ruled that the portion of the notification which provide for suppression of the earlier notifications .....
Tag this Judgment!Court : Karnataka
..... are said to have recovered rs.8,59,69,100/-, including rs. 41.00 lakhs from various premises. consequently, a case was filed against the said respondent under the income tax act, 1961, before the special court for economic offences. the directorate of enforcement (ed) also registered a case (ecir/hq/4/2018). on september 9, 2019, the ed sent a letter to ..... brevity) in case of shri d.k shivakumar and others. in pursuance of the prosecution complaint filed by the income tax authority for the offences punishable under section 276c(1), 277, and 278 of the income tax act 1961 read with sections 193, 199 and 120b of the indian penal code, 1860, the investigation was taken up by the enforcement directorate under the provisions of the .....
Tag this Judgment!Court : Karnataka
..... are said to have recovered rs.8,59,69,100/-, including rs. 41.00 lakhs from various premises. consequently, a case was filed against the said respondent under the income tax act, 1961, before the special court for economic offences. the directorate of enforcement (ed) also registered a case (ecir/hq/4/2018). on september 9, 2019, the ed sent a letter to ..... brevity) in case of shri d.k shivakumar and others. in pursuance of the prosecution complaint filed by the income tax authority for the offences punishable under section 276c(1), 277, and 278 of the income tax act 1961 read with sections 193, 199 and 120b of the indian penal code, 1860, the investigation was taken up by the enforcement directorate under the provisions of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... to the property normally held by one inter alia for the benefit of others; it only creates a fiduciary relationship coupled with a justiciable obligation. some statutes like the income tax act, 1961 may treat trusts as - 19 - wa no.100006 of 2022 legal persons, is a point apart. therefore, the question of personality of a trust, registered or ..... 101972/2017, r1 in wp.no.77680/2013, r1 & r2 in wp.no.81667/2013) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to, a) the order of the learned single judge so far as it relates to dismissing of the writ petition nos.77680/2013 and10197/2017 may kindly ..... 227 being appealable, regardless of the limited scope of such appeal. the expression original judgment, order, decree employed in clause (iva) of section 10 of the 1961 act which mr.katageri vociferously highlighted, is confined to orders passed u/a 226, which indisputably vests original jurisdiction in the high courts as contradistinguished from appellate, revision or .....
Tag this Judgment!Court : Karnataka
..... settlement commission dated 11.03.2020 at annexure-'d' whereby application of the petitioner for settlement under section 245c of the income tax act, 1961 for the assessment years 2012-2013 to 2019-2020 was accepted and it was ordered that the additional income offered of rs.2,20,00,000/- was reasonable and fair, immunity - 3 - nc:2024. khc:31915 ..... as indicated in para-(1).11. at the outset, the scope of interference in orders of the settlement commission require to be determined.12. section 245-i of the income tax act reads as follows:- 245-i. order of settlement to be conclusive.-. every order of settlement passed under sub-section (4) of section 245-d shall be conclusive ..... stipulates that in addition to the powers conferred on the settlement commission under chapter xix a, it shall have all the powers which are vested in an income tax authority under the said act. but, in our view, this has to be read in the context of and scope of the settlement proceedings. it does not entail that the .....
Tag this Judgment!Court : Karnataka
..... half of the amount and the same was refused by us. next day shankar naik called me and asked for the proof of identity later he referred to the income tax department. then income tax department had sent a notice to which i have replied. (f gp r q .p p g z u w g jaz p a lg ai 04. ..... question crime in crime no.454 of 2023 registered for offences punishable under sections 409, 465, 201, 110 of the ipc and section 7 of the prevention of corruption act, 1988 ( the act for short) pending before the iv additional chief metropolitan magistrate, bengaluru city.2. facts, in brief, adumbrated are as follows:- the petitioner is a government servant in ..... all, he would submit that these are all matters of investigation, which cannot be interdicted at this juncture, particularly when the offences are punishable under section 7 of the act or ipc offences inter alia. the offences would all crystallize only after conduct of investigation and filing of a final report. for the perusal of the court, the learned .....
Tag this Judgment!Court : Karnataka
..... cannot be a ground for discharge of the accused persons in the former. the proceedings under the income tax act and its evidentiary value remains a matter of trial and they cannot be considered as conclusive proof for discharge of an accused person. (emphasis supplied ..... those proceedings. they were not disciplinary proceedings under the rules. they were proceedings under the income-tax act. therefore, the apex court 42 holds that there is vast difference between the prosecution under the act and exoneration under the income tax act. therefore, the judgment so relied upon by the learned counsel for the respondent to ..... not be continued. however, in the present case, the charges were framed under the prevention of corruption act, while the appellants seek to rely upon findings recorded by authorities under the income tax act. the scope of adjudication in both the proceedings are markedly different and therefore the findings in the latter .....
Tag this Judgment!Court : Karnataka
..... .36,00,000/- (rupees thirty six lakhs only) is the total sale consideration amount and it will be paid towards income tax within a stipulated period as per the provisions of section 194-1a of the income tax act, 1961 before registration of deed. h) the physical possession is being handed over to the purchaser from the date of this agreement ..... the case against rupen patel utm/gm/cfd28/2019-20 under section111) and112) h of securities of exchange board of india act. v. income tax appellate tribunal has registered the case against rupen patel, deputy commissioner of income- tax cc25 ayakharbhavan m.k. road, mumbai. and its ita no.3071 and 3072/2015 mumbai for the offence punishable under ..... section 135 (c) of it act. vi. commercial appeal no.60 of 2024 in high court of karnataka. 15 vii. income tax appellate tribunal has registered the case against rupen patel under ita no.2845/ & 2068/ mum/2017 and c.o. no .....
Tag this Judgment!Court : Karnataka
..... and maintenance was asked and each time the release of funds was promised. the final amount of around 3 crores was promised. now he is asking 30% income tax which is 90 lakhs. we thought he will be asking money and not returning our money and decided to logde cyber crime report. we called 1930 and ..... it would undoubtedly be returned. even otherwise, he would submit that non-reporting would definitely entail proceedings of the investigating officer, but it would not vitiate the act of freezement of the account of the petitioner. he would seek dismissal of the petition.6. i have given my anxious consideration to the submissions made by the ..... stay of further proceedings in crime no.124 of 2024 registered for offences punishable under section 420 of the ipc and sections 66c and 66d of the information technology act, 2000 pending before the 45th additional chief metropolitan magistrate, bengaluru. 32. facts, in brief, germane are as follows:- the petitioner claims to be a businessman engaged .....
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