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C. Krishna Prasad Vs. Commissioner of Income-tax, Bangalore

Court : Karnataka

Reported in : [1970]75ITR526(KAR); [1970]75ITR526(Karn)

order1. the question referred under section 256(1) of income-tax act, 1961, for our opinion is : 'whether, on the facts and in the circumstances of the case, the assessee was rightly assessed in the status of an individual for the assessment year ..... two sons. in the said partition, the assessee got some house properties and vacant sites. the partition was recognised by the department and an order under section 25a of the income-tax act, 1922, was passed recognising the partition as from november 1, 1958. 3. on the date of partition and also during the relevant period, i.e., the year ending on march ..... made it clear that they express no opinion on the question whether a hindu undivided family may for the purposes of the indian income-tax act or female. according to the said decision, the expression 'hindu undivided family' in the income-tax act is used in the sense in which a hindu joint family is understood under the personal law of the hindus. therefore, we have .....

K.R. Muralidhar and ors. Vs. Life Insurance Corporation of India and o ...

Court : Karnataka

Reported in : (2005)195CTR(Kar)149; [2005]274ITR459(KAR); [2005]274ITR459(Karn)

..... annexure b indicates that the corporation which is quite aware of the provisions of section 10(14) of the act and also the judgment rendered by the rajasthan high court, which can be applied to all income-tax assessees within the jurisdiction of the high court, is making efforts through the circular to ensure that persons like ..... the petitioners receive from the employer and which is known by the name conveyance allowance and additional conveyance allowance, is exempted from income-tax under the provisions of clause (14) of section 10 of the act and to the knowledge and awareness of the employer. the circular issued by the corporation to all its branch managers to ..... the petitioners, who can claim benefit under section 10(14) of the act, comply with the requirements of the very exemption provision so that .....

A.S. Ibrahim Vs. Union of India and Others

Court : Karnataka

Reported in : ILR1996KAR1706; [1997]225ITR149(KAR); [1997]225ITR149(Karn); 1997(42)KarLJ43

..... act as contained in chapter xvii thereof titled as 'collection and recovery of tax' provides for collection of income-tax by several modes including by deduction or collection at source. section 206c which ..... been filed by the petitioner with a prayer to restrain the respondents from collecting income-tax at the rate of 15 per cent. as income-tax on the bid amounts payable by them and also the surcharge at the rate of 10 per cent. on the said income-tax, by declaring section 206c of the income-tax act, 1961 ('the act' in short), as constitutionally invalid. 3. section 206c of the .....

The Commissioner of Income-tax Vs. United Breweries Limited Represente ...

Court : Karnataka

Reported in : (2007)209CTR(Kar)385; [2007]292ITR188(KAR); [2007]292ITR188(Karn)

..... computing its profits. after amalgamation, the appellant-company derived benefit of the sum of rs. 58,735 but claimed that it was not liable to tax thereon under section 41(1) of the income-tax act, 1961. the appellate tribunal held that, upon amalgamation, the identity of isceg was lost and that company was no longer in existence and, therefore, the ..... appellant-company was not liable to tax on the sum of rs. 58,735 under section 41(1). the high court, on a reference, held that ..... resulting in compulsory compensation at the hands of the assessee-company. we do not find any legal error in the order of the tribunal. section 4 of the income tax act do not in any way prohibit such payments. in the circumstances, we accept the order of the tribunal, but however, we deem it proper to reserve liberty .....

Binani Industries Limited Vs. Assistant Commissioner of Commercial Tax ...

Court : Karnataka

Reported in : [2006]145STC24(Kar)

..... relying upon the decisions of the kerala, bombay and andhra pradesh high courts rendered under the provisions of the income-tax act, 1961. these principles, in our view, would certainly apply in matters arising under the provisions of the income-tax act. the reason being, the income-tax act subjects to tax not the income of the assessee in the year of assessment, but of the previous year and the liability to ..... . the legal position as explained in all these decisions with reference to the circulars is that when a circular is issued under section 119 of the income-tax act, 1961 or under section 3-a of the karnataka sales tax act, 1957 containing an interpretation or clarification favouring the assessee, the circular is binding on the department, in particular, the assessing authorities. the assessing authority cannot .....

M/S T T K Prestige Ltd Vs. The Union of India Reptd by Its Finance Sec ...

Court : Karnataka

..... the following: order in these petitions, petitioners have prayed for striking down the provisions of chapter xii - h inserted in the income tax act, 1961 (for short act, 1961) by the finance act, 2005 (for short act, 2005) w.e.f. 1.4.2005 on the score that it is offending the provisions of article 14 of the ..... on the taxpayer and paid directly to the government by the persons (juristic or natural) on whom it is imposed. income tax: (entry no.82 of the union list):-"income tax act, 1961 imposes tax on the income of the individuals or hindu undivided families or firms or co- operative societies (other than companies) and trusts (identified as ..... ) this writ petition is filed under articles226and227of constitution of india praying to strike down the provisions of chapter xii-h inserted in the income tax act, 1961 by the finance act, 2005 with effect from14.2005 as offending the provisions of article14of the constitution of india and as being beyond the legislative competence of parliament .....

The Commissioner of Income-tax and the Deputy Commissioner of Income-t ...

Court : Karnataka

Reported in : (2007)207CTR(Kar)620; [2007]293ITR146(KAR); [2007]293ITR146(Karn)

..... the details of the trust deed. it is the trust that allots shares and not the company. he argues that the terms 'income', 'salary' and 'perquisite' in terms of the income tax laws would provide that section 192 of the income tax act is wholly inapplicable to the facts of the case. he also says that the subsequent insertion of section 17(2)(c)(iii) ..... taxable even before 1.4.2000. 3) the employees stock option gives rise to income in the hands of the employee on the day of exercise of option by the employee and it is clearly a perquisite as per section 17(2) of i.t. act 1961. 4) the value of the perquisite is the difference between the exercise price and ..... passing, in law, social conditions, technology, the meaning of words, and other matters.assuming that there are two possible interpretations on section 22 of the 1961 act, which is akin to a charging section, it is well settled that the one which is favourable to the assessee has to be preferred.14. in : 1959crilj1231 (tahsildar singh v .....

Guru Rao and Another Vs. the State of Karnataka, by Its Secretary to D ...

Court : Karnataka Dharwad

..... deducting the tax at source from the interest accrued on delayed payment of compensation. the circular at annexure `b is violative of section 194la of ..... awarded under sections 28 and 34 of the act towards deduction of tax at source on the basis of the circular issued by the state government at annexure `b dated 4.9.2010. 4. learned counsel for the petitioners submits that having regard to section 194la of the income tax act, 1961, the second respondent is not justified in ..... it is a revenue receipt. the amount received as interest on the amount of compensation assessed under the land acquisition act is taxable under the income tax act. the bar contained in section 194la for deducing the tax at source is only in respect of the compensation determined for acquiring the agricultural lands. the said bar is not .....

Commissioner of Income Tax Tds Vs. M/S Bharat Hotels Limited

Court : Karnataka

..... guarantee payment to kkfhpl. the dispute in the present appeal is with regard to the 3 assessee not having deducted the tax at source (tds), as was required under section 194 i of the income tax act, 1961 (for short act ). the assessee was thus held liable for the consequences for failure of deduction of tds provided under section 201 of ..... the act. it is not disputed that the assessee has been filing its return in the prescribed format provided under section 206 of the act with regard to deduction of tax made at source ..... the grand ashoka, bangalore) kumarakrupa, high grounds bangalore (by sri rupesh jain for sri d prashanth kumar, adv.) appeal is filed under s.260 a of the income tax act praying to allow the appeal and set aside the order passed by the itat in ita1084bang/2008 on 27.2.2009, etc. respondent 2 appeal coming on for .....

The Commissioner of Income Tax and Another Vs. Wipro GE Medical System

Court : Karnataka

..... assessment year 2000-01, assessee filed a return of income. assessee claimed deduction under section 10a of the income tax act, 1961 (hereinafter referred to as act') as well as deduction under section 80hhe of the act and further contended that non competition fee was not liable to tax. assessing officer at the conclusion of assessment order, held ..... view to providing fiscal incentive for promoting export of computer software, a new section 80hhe has been inserted in the income-tax act for providing tax concession similar to those available under section 80hhc of the income-tax act in relation to commodity exports. 34.1 under the new provisions, indian companies and resident non-corporate taxpayers will ..... 260-a of i.t act, 1961 praying to allow the appeal and set aside the order passed by the itat bangalore in ita no. 1020/bng/2007, dated 20.06.2008 confirming the order of the appellate commissioner and confirm the order passed by the deputy commissioner of income tax, central circle-1(3) .....