Court : Karnataka
Reported in : [1970]77ITR201(KAR); [1970]77ITR201(Karn)
..... pursuance of the proceedings initiated by him.4. although one of the grounds urged in the petitions relates to the constitutional validity of section 297(2)(d)(i) of the income-tax act, 1961, for the reason that it was violative of article 14 of the constitution, sri k. srinivasan, the learned counsel appearing on behalf of the petitioner in all these petitions, confined ..... the assessment has been cancelled or set aside under section 27 of the act, or under section 146 of the income-tax act, 1961, by an appellate authority, the income-tax officer is competent to make a fresh assessment without issuing a notice under section 34 of the act or under section 147 of the income-tax act, 1961. according to him, the assessee had never questioned the issue of notice under .....
Tag this Judgment!Court : Karnataka
Reported in : (2005)193CTR(Kar)672; ILR2005KAR4343; [2005]274ITR420(KAR); [2005]274ITR420(Karn)
..... 14. in exercise of the powers conferred by sub-section (5) of section 255 of the it act 1961, the tribunal has framed rules to regulate the procedure of the tribunal and the procedure of the benches of the tribunal the rules are known as 'the income-tax (appellate tribunal) rules, 1963.'rule 6 of the rules provides for procedure for filing appeals. ..... file an appeal to the tribunal if he objects to any order passed by the dy. cit(a) or, as the case may be, a cit(a) under section 154 or section 250 of the it act, 1961.sub-section (6) of section 253 of the act envisages that an appeal to the tribunal shall be in the prescribed form and shall be ..... representative had very fairly conceded that he was not authorised by the competent authority to challenge the order of the cit(a) in respect of the quantification of the total income passed under section 143(3) of the act and the order appealed against attached with the appeal memo is in respect of the appellate order against assessment order passed .....
Tag this Judgment!Court : Karnataka
Reported in : [1964]51ITR339(KAR); [1964]51ITR339(Karn)
..... in that case, their lordships were called upon to pronounce on the scope of section 11(1) of the u. p. agricultural income-tax act, 1948, which reads : 'where any person holds land, from which agricultural income is derived, as a common manager appointed under any law for the time being in force or under any agreement or as receiver, ..... . for the assessment year 1955-56, a return under section 22 (1) of the 'act' was submitted on december 15, 1955, by the aforementioned rajamannar chetty in his individual capacity declaring a total income of rs. 4,491. since the income-tax officer felt at the time of hearing that the properties in question did not belong to the said ..... is done either under section 3 or under section 10 of the 'act' and that section 40 is merely a machinery section is irrelevant for our present purpose, and, therefore, i do not think that the decision in hotz trust of simla v. commissioner of income-tax is of any assistance. 18. it was next contended by the learned .....
Tag this Judgment!Court : Karnataka
Reported in : [1975]98ITR1(KAR); [1975]98ITR1(Karn); 1974(2)KarLJ112
..... , represented by its partner, has challenged in this writ petition the order dated march 6, 1973, passed by the income-tax officer (assessment-4), circle ii, bangalore, under section 132(5) of the income-tax act, 1961 (hereinafter referred to as 'the act'), by which a sum of rs. 1 lakh belonging to the petitioner has been retained. 2. on the 6th ..... between person entitled to possession and a person entitled to seize. it further held that if the court is convinced that the income-tax officer has the power under section 132 of the income-tax act to seize the money in court deposit, it would be a wholly needless and empty ritual to ask him to wait till ..... article or thing and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the indian income-tax act, 1922 (11 of 1922), or under this act. (5) where any money, bullion, jewellery or other valuable article or thing (hereinafter in this section and section 132a referred to as .....
Tag this Judgment!Court : Karnataka
Reported in : [1967]64ITR114(KAR); [1967]64ITR114(Karn); (1966)2MysLJ608
..... november 1, 1956, to may 31, 1957, also no assessment under the mysore agricultural income-tax act, 1957 (3) where the assessment order passed by the agricultural income-tax officer, bangalore sub-division, in no. a. i. t. asst. 4/1960-61 dated 18th august, 1961, for the previously year ended may 31, 1957, in the assessee's case is to ..... ) our answer to the first question is that the assessment in respect of the previous year ending on may 31, 1957, was not possible under the mysore agricultural income-tax act, 1955. the other part of the question, which concerns itself with the situation of the land, does not arise out of the order made under section 32, ..... high court dated july 30, 1962, in writ petition no. 432/1961 (bombay burmah trading corporation v. state), where the assessment for the previous year ended may 31, 1957, is possible under the mysore agricultural income-tax act, 1955, inasmuch as the land from which the income was derive a was situated in the new state of mysore during .....
Tag this Judgment!Court : Karnataka
Reported in : (2003)180CTR(Kar)300; [2003]261ITR435(KAR); [2003]261ITR435(Karn)
..... g.c. bharuka, j. 1. this departmental appeal has been filed under section 260a of the income-tax act, 1961 (in short 'the act'), against the order dated october 31, 2001, passed by the income-tax appellate tribunal, bangalore bench 'b', in i. t. (ss) a. no. 12/bang of 1999. it pertains to a block assessment made against the assessee ..... the assessing officer completed the regular assessment for the assessment year 1998-99 by accepting the returned income under section 143(3) of the act. still the assessee preferred an appeal against the order which was dismissed by the commissioner of income-tax (appeals). the assessee did not prefer to go in any further appeal therefore, the regular assessment ..... 9, 1998. subsequently, a notice was issued to him under section 158bc of the act requiring him to file return for the block period in question. the return was filed on october 27, 1998, in form no. 2b as prescribed under the income-tax rules, 1962 (in short, 'the rules'), showing rs. 72,00,000 as the .....
Tag this Judgment!Court : Karnataka
Reported in : (1991)95CTR(Kar)156; [1991]190ITR32(KAR); [1991]190ITR32(Karn); 1991(1)KarLJ275
..... the assessee was hit by section 40a(3) of the income-tax act, 1961 ?' 2. in the course of the assessment proceedings for the year 1976-77, a sum of rs. 50,000 was found to have been debited in the profit ..... k. shivashankar bhat, j.1. the following question of law is referred for our answer at the instance of the assessee under the provisions of the income-tax act, 1961 ('the act' for short) : 'on the facts and in the circumstances of the assessee's case, whether the tribunal was justified in law in holding that the expenditure incurred by ..... page 623, it was held that (at p. 67 of 73 itr) : 'but the contention was that though schedule vi to the companies act may permit a provision for contingent liabilities, the income-tax act, 1961, does not, for, under section 36(v), the only deduction from profits and gains permissible is of a sum paid by an assessee as an employer .....
Tag this Judgment!Court : Karnataka
Reported in : (1992)101CTR(Kar)229; [1991]191ITR535(KAR); [1991]191ITR535(Karn)
..... law. 14. there is some difference between the language of section 171 of the income-tax act and the language of section 20 of the wealth-tax act. partial partition is not contemplated under section 20 of the wealth-tax act. the wealth-tax act contemplates partition of the joint family property as a whole among the various members in definite ..... disrupt the hindu undivided family when an appropriate order is made under the relevant legislation. learned counsel referred to section 171 of the income-tax act. similarly, section 20 of the wealth-tax act was referred to to point out that a hindu undivided family continues as hindu undivided family until the assessing officer after enquiry is ..... by reason of sub-section (1) of section 171.' 13. it is thus clear that the purpose of section 171 of the income-tax act (corresponding to section 20 of the wealth-tax act) is to make an order on being satisfied about the factum of partition that the hindu undivided family has got disrupted. obviously, this .....
Tag this Judgment!Court : Karnataka
Reported in : (2008)219CTR(Kar)447; 2008(4)AIRKarR445(DB)
..... the revenue. the ito having issued a notice under section 274 r/w section 271 of the it act, 1961 the assessee company demurred. the authority imposed a penalty under section 274 holding that there was concealment of income. an appeal was preferred against the order. the tribunal reduced the penalty. one of the questions ..... us. but reference to some of them is appropriate.(a) cit v. shaan finance (p) ltd. : [1998]231itr308(sc) the question that arose for consideration in the above case was an assessee's entitlement to investment allowance under section 32a of the it act, 1961. the assessee was a financial company which purchased machinery and hired ..... ;j.k. industries v. chief inspector of factories & boilers : (1997)illj722sc ;r.s. joshi v. ajit mills ltd. and anr. : [1978]1scr338 ;gujarat travancore agency v. cit : [1989]177itr455(sc) ;swedish match ab v. sebi : air2004sc4219 ;sebi v. cabot international capital corporation (2005) 123 comp. cas 841.it was held that penalty is attracted as .....
Tag this Judgment!Court : Karnataka
Reported in : (2007)208CTR(Kar)337; [2007]290ITR227(KAR); [2007]290ITR227(Karn)
..... section 33b to direct the assessing officer to process a return otherwise invalid under the provisions of the indian income tax act, 1922.15. the filing of the returns under the income tax act 1961 is now governed by the provisions of section 139 of the said act. a perusal of the provisions of section 139 does not indicate that the authorities are barred from processing ..... not liable for payment of any tax and the amount of rs. 29,331/- deducted on the amount of rs. 1,01,270/- purporting to be ..... to him and remitted the same to the credit of the income tax department.2. it is the version of the petitioner that in respect of the amount that he has received in terms of the provisions of section 10(10)(c), 173(1) and 89 of the income tax act, 1961 [for short the act] read with rules 2 (a)(a), the petitioner was .....
Tag this Judgment!