Court : Karnataka
Reported in : [1967]63ITR513(KAR); [1967]63ITR513(Karn); (1966)2MysLJ726
..... . this reference sought by the assessee known as vijayalakshmi talkies, bangalore, under section 66(1) of the indian income-tax act, 1922, has for its source an application for registration made by the assessee under section 26a of the act in respect of the assessment year 1961-62. 2. it is submitted that in the year 1953 a business in partnership under the name and ..... partnership, which was carrying on its business under the name and style of vijayalakshmi talkies, an application was made to the income-tax officer for registration of the firm under section 26a in respect of the assessment year 1961-62. the income-tax officer was of the view that there was no partnership composed of the seven partners to whom the instrument of partnership executed .....
Tag this Judgment!Court : Karnataka
Reported in : [1965]55ITR259(KAR); [1965]55ITR259(Karn)
..... to issue a writ of certiorari or any other appropriate writ or direction, quashing the order made by the respondent on april 25, 1962, under section 33a of the indian income-tax act, 1922 (the order impugned in these proceedings) and to issue an appropriate writ, order or direction directing the respondent to exercise his jurisdiction in accordance with law. 2. the petitioner ..... , we hold that the commissioner, on an erroneous view of the law, has failed to exercise the jurisdiction vested in him under clause (2) of section 33a of the indian income-tax act, 1922. we accordingly allow these petitions, set aside the orders impugned and direct the commissioner to deal with the petitioner's applications under section 33a (2) in accordance with law .....
Tag this Judgment!Court : Karnataka
Reported in : [1964]52ITR126(KAR); [1964]52ITR126(Karn)
..... references under section 55(2) of the mysore agricultural income-tax act, 1957, to be hereinafter referred to as 'the act'. in both these petitions, the assessee is the coffee board, a body incorporated under central act vii of 1942. 2. i.t.r.c. no. 10 of 1961 relates to the assessment year 1958-59 and l.t ..... carried on by the research department in maintaining two research stations; and (c) all other relevant factors, the board derives 'income' liable to agricultural income-tax under the provisions of the mysore agricultural income-tax act? 2. whether or not, the same derived by the coffee board from the farms maintained by the research department thereof, are ..... its members and the rent it received from the tenants who occupied its buildings. the income-tax authorities brought to tax the net income from its buildings under section 9 of the income-tax act. the assessee contended that the income was exempt from tax under section 4(3)(i). on a reference, the high court held that the object .....
Tag this Judgment!Court : Karnataka
Reported in : (1989)79CTR(Kar)64; ILR1989KAR3387; [1989]176ITR340(KAR); [1989]176ITR340(Karn); 1988(3)KarLJ348
..... assessed, accompanied by a covering letter dated march 25, 1966, in which it challenges the proceedings initiated under sections 147(a) and 148 of the income-tax act, 1961 ('the act' for short). the said returns were filed under protest and without prejudice to its contentions on the questions of jurisdiction to reopen the assessments. it ..... abouts the misappropriation by the accountant came to light. since there was definite information available with the income-tax officer, which was not originally within his knowledge, the action taken by him under section 147(a) of the act was justified, that as the matter was still under litigation and it was not clear whether finally ..... part of the assessee to disclose fully and truly all material facts necessary for his assessment for that year, income chargeable to tax has escaped assessment for that year. the scope of section 147(a) of the act has been the subject-matter of debate before us. while it is the contention of the assessee that omission .....
Tag this Judgment!Court : Karnataka
Reported in : (1988)73CTR(Kar)33; 1988(3)KarLJ385
..... wife, the applicant herein, became a partner in the firms in which he was a partner in his individual capacity. the income-tax officer initiated proceedings under section 148 of the income-tax act, 1961 (hereinafter referred to as the 'act'), to assess such share income in the hands of the applicant and her children as an association of persons. the applicant filed her return declaring that she ..... had no income in that status. her case was that her income should have been assessed as that of a hindu undivided family. but the income-tax officer rejected this .....
Tag this Judgment!Court : Karnataka
Reported in : [1987]163ITR854(KAR); [1987]163ITR854(Karn)
..... taken by this court in itrc nos. 32 to 37 of 1968. the decision of this court was only to the effect that the income-tax officer has power under the provisions of the income-tax act, 1961, to levy penalty for the years in question. this court did not go into the question as to the quantum of penalty leviable. ..... the course of the proceedings, he found on verification that the quantum of penalty imposed under section 271(1)(a) was less than the minimum prescribed under the income-tax act, 1961. he, thereupon, issued a notice to the assessee to show cause why that penalty should not be enhanced up to the prescribed limit. the assessee raised several ..... the high court held that penalty could be validly levied for the assessment years in question under section 271(1)(a) and under section 273(b) of the income-tax act, 1961. 3. thereupon, the tribunal took up the matter for final disposal. the assessee's representative then pointed out that the appellate assistant commissioner did not examine the .....
Tag this Judgment!Court : Karnataka
Reported in : [1987]163ITR671(KAR); [1987]163ITR671(Karn)
..... found by the tribunal. 3. for the assessment year 1969-70, relevant to the accounting year ending on december 31, i968, the assessee filed her return under the act before the income-tax officer (assessment), udupi circle, udupi ('ito'), inter alia, claiming a sum of rs. 14,000 as deduction towards maintenance expenditure on her children. for the assessment ..... accounting years ending december 31, 1969, and december 31, 1970, the assessee did not file her return. but, in the proceedings initiated against her by the income-tax officer for the aforesaid two years also, the assessee claimed the same deduction of rs. 14,000 on the same ground which was rejected by the ..... counsel for the income-tax department, appearing for the revenue, opposing the prayer of sri bhat, contends that the same is not a case of reframing the question already referred for our opinion, but is a case of framing an altogether new question, which is now impermissible and cannot be exercised by us under the act. 10. we .....
Tag this Judgment!Court : Karnataka
Reported in : (1986)56CTR(Kar)32; [1986]161ITR639(KAR); [1986]161ITR639(Karn)
jagannatha shetty, actg. c.j.1. in these references under section 256(1) of the income-tax act, 1961, the common questions referred by the tribunal are : '(1) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in holding that issue of bonus shares from out of the development rebate reserve did not amount to distribution ..... respect of a ship, machinery or plant installed after the 31st day of december, 1957, in any assessment year under section 33 or under the corresponding provisions of the indian income-tax act, 1922 (xi of 1922), and subsequently -...... (ii) at any time before the expiry of the eight years referred to in sub-section (3) of section 34, the assessee utilises the .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]200ITR353(KAR); [1993]200ITR353(Karn)
..... s.a. hakeem, j.1. in these references made under section 256(1) of the income-tax act, 1961 ('the act'), the income-tax appellate tribunal, bangalore bench, has referred the following common questions of law for the opinion of this court : '(1) whether, on the facts and in the ..... commercial utility of particular and, it may be, unusual premises or places in that way does not, in my judgment, convert them into plant in the sense of the income-tax legislation or affect the application of the functional test : they still remain the setting and not, the apparatus.' 10. 'a word can have many meanings. to find ..... , etc., should be considered as 'plant' for the purposes of depreciation allowances and development rebate. this claim having been rejected by the income-tax officer, the assessee filed appeals before the commissioner of income-tax (appeals), who held that the entire cinema building has to be treated as plant, and accordingly directed the allowance of development rebate and depreciation .....
Tag this Judgment!Court : Karnataka
Reported in : [1980]121ITR551(KAR); [1980]121ITR551(Karn)
..... information in his possession, the income-tax officer has reason to believe that income chargeable to tax had escaped assessment, the income-tax officer has jurisdiction to assess or reassess income under section 147(b) of the income-tax act, 1961. information in his possession that income chargeable to tax has escaped assessment furnishes a starting point for assessing or reassessing income. if he has that information, the income-tax officer may commence proceedings for assessment ..... some error of fact or law. the high court exercising jurisdiction under article 226 of the constitution has power to set aside a notice issued under section 147 of the income-tax act, 1961, if the condition precedent to the exercise of the jurisdiction does not exist. the court may, in exercise of its powers, ascertain whether the .....
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