Court : Karnataka
Reported in : (1981)24CTR(Kar)1; [1982]135ITR424(KAR); [1982]135ITR424(Karn); [1981]7TAXMAN310(Kar)
..... a division bench of that high court in the case of j. s. parkar v. v. b. palekar : [1974]94itr616(bom) held as follows (p. 617) : 'nothing in the income-tax act can override the powers of the high court under art. 226 of the constitution to issue a writ or direction in an appropriate case. citizens are entitled to invoke the ..... confirmed the assessment order made by the ito. aggrieved by the orders of the aac, the petitioner preferred revision petitions to the 1st respondent-commissioner of income-tax, karnataka-i, bangalore, under s. 264 of the act on november 17, 1977, which were pending on the date of the filing of this petition. the ito, in the meanwhile, and issued the ..... passed under r. 61 of sch, ii to the i.t. act, 1961 (hereinafter referred to as 'the act'), as well as the order date december 30, 1978, passed under sub-r. 1(c) of r. 86 of sch. ii to the act, in appeal, by the 1st respondent, commissioner of income-tax, karnataka-i. 2. the petitioner is a contractor by profession and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR642; [1990]184ITR190(KAR); [1990]184ITR190(Karn); 1990(3)KarLJ203
..... is either an order or a direction falling within the scope of the above provision. the said provision is similar to section 119 of the income-tax act and the circular issued under the relevant provision of the income-tax act were consider by the supreme court is several cases. the earlier decisions were referred in k. p. varghese v. ito : [1981]131itr597( ..... followed in ellerman lines's case [1971] 82 itr 931. were referring to another circular issued by the central board of revenue under section 5(8) of the indian income-tax act, 1922, on which reliance was placed on behalf of the assessee, this court observed (at page 921) : 'now. coming to the question as to effect of ..... 's case : [1965]56itr198(sc) was regard to the constitutional validity of section 2(6a)(e) and 12(1b) which were introduce in the indian income-tax act, 1922, by the finance act, 1956, with effect from april 1, 1955. these two section provided that any payment made by a closely held company to its share holder by way .....
Tag this Judgment!Court : Karnataka
Reported in : (2007)211CTR(Kar)393; [2007]290ITR598(KAR); [2007]290ITR598(Karn)
..... on the short-term deposits made in the bank as a part of business income and had claimed deduction under section 80hhc of the income-tax act 1961 ('the act' for short), in respect of its income from export business in its income-tax returns filed for the assessment years 1986-87, 1987-88 and 1988-89 before ..... the assessing authority. the assessing authority, while computing the tax liability of the assessee under the act had negatived the aforesaid claim, and had treated the interest income earned as 'income ..... in the bank under rule 3a of the companies (acceptance of deposits) rules, 1975, the interest earned is assessable as business income under the provisions of the income-tax act.26. in cit v. tirupati woollen mills ltd. : [1992]193itr252(cal) , the calcutta high court has held that the funds utilised by .....
Tag this Judgment!Court : Karnataka
Reported in : [1961]41ITR125(KAR); [1961]41ITR125(Karn)
..... (2) and under section 22 (4) of the income-tax act are committed by an assessee, whether the income-tax officer has got right to levy penalties under both sub-sections (1) (a) and (1) (b) of section 28 of the income-tax act (2) whether an order passed by the income-tax officer under section 28 (1) (a) and under ..... proceeding to consider the contentions which were urged on half of the assessee before the various income-tax authorities, it would be necessary to set out the relevant provisions of section 28 of the income-tax act. '28. (1) if the income-tax officer, the appellate assistant commissioner or the appellate tribunal, in the course of any proceedings ..... questions by substituting for the first question referred to us by the income-tax appellate tribunal the question as hereunder : 'whether the income-tax authorities can levy penalties on an assessee both under clauses (a) and (b) of section 28 (1) of the income-tax act, when the assessee has committed default by not filing return at all .....
Tag this Judgment!Court : Karnataka
Reported in : [1966]59ITR20(KAR); [1966]59ITR20(Karn); (1966)1MysLJ293
..... of rs. 9,769, which was found to be wholly and exclusively incurred for the purpose of the assessee's profession under section 10(2) (xv) of the income-tax act, the balance being treated as the assessee's personal expenses. the tribunal, on appeal, held that the sum of rs. 9,769 was capital expenditure but did not ..... deduction of his expenses of attending the conference as an expense in computing the firm's profits for the purposes of case ii schedule d, section 123 of the income tax act, 1952. the chancery division came to the conclusion that the expenditure was not incurred wholly or exclusively for the purpose of the business or profession of the solicitor. ..... whether on the facts and in the circumstances of the case the sum of rs. 10,483.00 is an allowable expenditure under section 10 (2) (xv) of the indian income-tax act, 1922. [the learned judge set out the statement of case which ran as follows :] 2. the assessee is an astrologer by profession. he carries on business in the printing .....
Tag this Judgment!Court : Karnataka
Reported in : [1963]47ITR55(KAR); [1963]47ITR55(Karn)
..... bademiya, who, however, died before the assessment order was made under section 23(3) of the indian income-tax act, 1922, on march 29, 1956. bademiya, it is not disputed, was doing his business under the name and style of nizamia oil mills and he was assessed as an individual ..... petition is directed against proceedings commenced under the provisions of section 46(2) of the indian income-tax act, 1922, for the recovery from the petitioner of a sum of money stated to be due by way of income-tax from the estate of one bademiya who was assessed to income-tax for the assessment year 1951-52. 2. the assessment proceedings commenced during the lifetime of .....
Tag this Judgment!Court : Karnataka
Reported in : [1975]101ITR1(KAR); [1975]101ITR1(Karn)
..... in this batch of writ petitions under article 226 of the constitution, the petitioners challenge the validity of the orders made by the commissioner of income-tax under section 263 of the income-tax act, 1961, for short 'the act'. 2. the facts in all these cases are similar and, for the sake of convenience, i set out those leading up to the ..... petition in w.p. no. 6660 of 1974. the petitioner herein is a lady. she filed voluntary returns of income for the assessment that it was ..... to the interests of the revenue. 10. section 263 of the act is analogous to section 33b of the indian income-tax act, 1922. while dealing with the scope of the latter, the supreme court in smt. tara devi aggarwal v commissioner of income-tax observed that where an income has not been earned and is not assessable merely because the assessee .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1976KAR977; [1977]108ITR935(KAR); [1977]108ITR935(Karn); 1976(1)KarLJ398
..... (4)(a) read with clause (iii)(a) of the proviso to sub-section (1) of section 139 and to the levy of penal interest under section 215(1) of the income-tax act, 1961 ?' 7. the right to prefer an appeal depends upon the provisions of the particular statute under which the right to appeal is claimed. right to appeal from an order of ..... interest under section 215(1) of the act. against the assessment order, the assessee preferred an appeal (i.t.a. no. 205 of 1971-72 ..... sum of rs. 21,084 was assessed as the amount of tax. a sum of rs. 1,146 was charged as interest under sub-section 4(a) read with clause (iii)(a) of the proviso to sub-section (1) of section 139, income-tax act, 1961 (which will be hereinafter referred to as the 'act'), and a further sum of rs. 848 was charged as penal .....
Tag this Judgment!Court : Karnataka
Reported in : [1969]73ITR508(KAR); [1969]73ITR508(Karn)
..... preferred by the department to the appellate tribunal was dismissed. 4. in these references, the questions of law referred to this court under section 256(1) of the income-tax act, 1961, reads : '(1) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the finding or ..... direction of the appellate assistant commissioner in the firm's appeal was an invalid direction and that it conferred no jurisdiction on the income-tax officer to initiate proceedings under section 147 of the income-tax act, 1961. our answer to the second question is that the appellate tribunal was right in holding that those proceeding under section 147 barred ..... on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the proceedings under section 147 of the income-tax act, 1961, were barred by time ?' 5. it is clear that the answer to the second question depends upon the answer to the first. if the first .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1978KAR1030; [1978]114ITR223(KAR); [1978]114ITR223(Karn); 1978(1)KarLJ518
..... the additional commissioner of income-tax, mysore, bangalore, the income-tax appellate tribunal, bangalore bench, has referred under section 256(1) of income-tax act, 1961 (hereinafter referred to as 'the act'), the following question : 'whethre, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the commissioner of income-tax was in error in holding that the income-tax officer should not have ..... deducted annuity deposit in arriving at the tax on the basis of which penalty .....
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