Court : Karnataka
Reported in : ILR1996KAR2605; [1996]221ITR504(KAR); [1996]221ITR504(Karn); 1996(41)KarLJ242
..... reference and we do not propose to enlarge that scope. 5. the assessee's learned advocate initially drew our attention to a passage from the commentary on the income-tax act by the well known authors ' kanga and palkhivala ' and referred to page 720 in the 8th edn. of their book. the learned authors have observed ..... the learned advocate relies on a decision of a division bench of the madhya pradesh high court reported as cit vs . nathubhai desabhai : [1981]130itr238(mp) wherein while considering an income-tax reference under s. 256(1) of the act, a contention was raised on behalf of the department that even if the amount would not come within ..... effectively seeks to check or control is a situation whereby deductions under the head of payment of tax dues, allowances etc., which are permissible under the provisions of the it act and which consequently therefore, deplete the overall income for purpose of remission if subsequently reversed by order of a court by virtue of refund conferred .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1932; [1995]216ITR621(KAR); [1995]216ITR621(Karn)
..... writ of certiorari, the petitioner calls in question an order passed by the commissioner of income-tax, karnataka-ii, rejecting the petitioner's application under section 273a(1) of the income-tax act, 1961, for waiver of penalty imposable under section 271(1)(c) of the income-tax act. a few facts necessary for the disposal of the petition may be stated at this stage ..... the principles of audi alteram partem to the proceedings conducted by him. he urged that the language and the scheme of section 273a(1) of the income-tax act, 1961, did not postulate the grant of any hearing to an assessee applying for the waiver of penalties imposable under section 271(1)(c) of the ..... . 2. the petitioner filed a return for the assessment year 1985-86, declaring a total income of rs. 10,360. an order .....
Tag this Judgment!Court : Karnataka
Reported in : [1992]194ITR242(KAR); [1992]194ITR242(Karn); 1991(2)KarLJ574
..... the facts and in the circumstances of the case, the appellate tribunal is right in law in upholding the order of the commissioner of income-tax (appeals) canceling the order under section 154 of the income-tax act, 1961, passed by the income-tax officer charging interest under section 139(8) ?' 2. for the assessment year 1979-80 (accounting period ending on march 31,1979), the assessee filed ..... the advance tax estimate only on august 24, 1979, and paid the estimated advance tax; this was much later to the due date for filing the estimate .....
Tag this Judgment!Court : Karnataka
Reported in : 1992(1)KarLJ245
k. shivashankar bhat, j.1. the revenue seeks the following two questions to be referred by the income-tax appellate tribunal under the provisions of the income-tax act, 1961 (for short 'the act') : '(1) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in allowing the assessee's claim of bad and doubtful debts relating to advances made ..... by the rural branches to the extent of rs. 1,45,14,126 (2) whether, on the facts and in the circumstances of the case, the income-tax .....
Tag this Judgment!Court : Karnataka
Reported in : (1991)96CTR(Kar)182; [1991]192ITR525(KAR); [1991]192ITR525(Karn)
..... is a firm. in the other two references, the partner of the said firm is the asessee. 2. the following questions are referred to us under the provisions of the income-tax act, 1961, for our opinion : '(1) whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the assessee's ctivity did not amount to ..... were treated in the nursing home relating to maternity cases. dr. vanamala is a gynaecologist while her husband is a general practitioner. the income-tax officer sought to apply the provisions of section 64(1)(i) of the income-tax act, 1961 ('the act', for short). dr. vanamala objected to this. the appellate tribunal has accepted the contention of dr. vanamala and held that section 64(1 .....
Tag this Judgment!Court : Karnataka
Reported in : (1991)98CTR(Kar)184; [1992]194ITR723(KAR); [1992]194ITR723(Karn)
..... the case, the tribunal was right in law in holding that, even after assessing the partner of the firm, the firm could be taxed as unregistered firm under the income-tax act, 1961 and (2) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the circular ..... entitled to registration. although the supreme court's decision is under the indian income-tax act, 1922, the board is advised that it will equally apply to the assessments made under the income-tax act, 1961. in view of the above decision, the income-tax officer assessing the partners of a firm should not normally complete the regular assessments ..... page 229 thus :'a group of persons came together and acted together for doing business and earning profits. they, therefore, constitute an association of persons only. under section 4 of the income-tax act, 1961, the unit for the section 4 of the income-tax act, 1961, charges the income earned by such an association of persons called 'person' within .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]199ITR119(KAR); [1993]199ITR119(Karn); 1991(3)KarLJ18
..... 10 lakhs and thereby committed offences punishable under section 420 read with section 120b, ipc, and section 276c and 277 of the income-tax act, 1961, section 420, ipc, section 276c and 277 of the income-tax act, 1961.' 9. in order to know whether any offence has been committed, particularly the offence punishable under section 420, i. p. c ..... is that the offence publishable is not merely under section 420 but also under section 120b, ipc, read with sections 276c and 277 of the income-tax act, 1961. when different acts are committed, the court which has got jurisdiction or the authority can as well proceed against the petitioners for the offences made out unmindful of ..... the complaint lodged against the petitioners for the offences punishable under section 420 and 120b, indian penal code, read with sections 276c and 277 of the income-tax act. the point for consideration in this case is whether, in the absence of prima facie and a reasonable cause to proceed with the investigation, this court .....
Tag this Judgment!Court : Karnataka
Reported in : (1991)100CTR(Kar)207; [1992]195ITR66(KAR); [1992]195ITR66(Karn)
k. shivashankar bhat, j.1. the revenue seeks the following two questions to be referred by the income-tax appellate tribunal under the provisions of the income-tax act, 1961 (for short 'the act') :' (1) whether, on the facts and in the circumstances of the case, the income tax appellate tribunal is right in law in allowing the assessee's claim of bad and doubtful debts relating to advances made ..... by the rural branches to the extent of rs. 1,45,14,126 ? (2) whether, on the facts and in the circumstances of the case, the income tax .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR2437; [2009]183TAXMAN209(Kar); 2008(4)KCCR2801; 2008AIHC236(Kar)
..... those letters have issued in terms of the existing fpf scheme. therefore, there is no good ground for quashing those communications. keeping in view that the income tax act 1961 was amended by the finance act of 2005 permitting an individual to deposit to the maximum of rs. 1,00,000/- in any of the specified schemes, the concerned authorities should have ..... advocate of the bar, holding a p p f account no. 0154 (one of the specified savings under section 80-c of income tax act) with the 6th respondent section 80-c of the income tax act was amended by the finance act, 2005 increasing the permissible deduction from rs. 70,000/- to rs, 1,00,000/- for the financial year 2005-06 ( ..... fund scheme, 1968 (in short, 'the p p f scheme') does not permit. thus, the petitioner was deprived of making use of section 80-c of the income tax act and. avail the deduction thereof.4. learned counsel for the respondents submitted that as per the p p f (second amendment) scheme 2002 and paragraph 3 (which came .....
Tag this Judgment!Court : Karnataka
Reported in : (2001)166CTR(Kar)59; ILR2001KAR504; [2001]248ITR406(KAR); [2001]248ITR406(Karn)
..... different factual situations arising in those cases. on the other hand, the fact that the firm is not an assessable entity under the wealth-tax act unlike the income-tax act lends support to the plea of the assessee that the firm's business shall be deemed to be the business carried on by the partners as ..... the revenue, it was contended that for the purpose of the wealth-tax act, the status of partnership under the income-tax act, is different from that under the wealth-tax act. therefore, the concept of a partnership in the context of the income-tax act cannot be imported into the wealth-tax act. in support of this contention, learned counsel relies on the observations ..... means the period which would be the previous year if an assessment of the profits and gains of such business or profession were to be made under the income-tax act for the assessment year ; (iii) 'urban area' means,--(a) any area which is comprised within the jurisdiction of a municipality (whether known as a municipality .....
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