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M/S Tejas Networks Limited Vs. The Deputy Commissioner of Income Tax

Court : Karnataka

..... is liable to be dismissed on the ground that petitioner not having availed alternate remedy and contends that order impugned in the present writ petition has been passed by the jurisdictional assessing officer under section 12 143(3) read with section 144c(13) of the income tax act, 1961 or in other words, draft assessment order having been issued to the petitioner was subject to objections and as such assessee objected to said order before the dispute resolution panel which comprises of three ..... (2) assessment order dated 31.01.2013 (annexure-r) and the consequential demand notice dated 31.01.2014 (annexure-r1) are hereby quashed to the extent of addition made by the assessing officer by disallowing the deduction under section 35(2ab) of the income tax act, 1961 and on all other issues, assessment order stands and no opinion is expressed in that regard and this order would not come in the way 48 of either parties to pursue their grievance if any before appellate authorities, if so advised. ..... thereof shall the for the explanation: purposes of this sub-rule audited the expression means of accounts by an accountant, the as in explanation below sub- section (2) of section 288 of the income-tax act, 1961; defined audit (d) assets research acquired in respect of development of scientific and development facility shall not be disposed of without the the secretary, department of scientific and industrial research. ..... shall be (2) omitted w.e.f. .....

Mangilal S. JaIn Vs. Commissioner of Income-tax and anr.

Court : Karnataka

Reported in : ILR2003KAR2066; [2002]257ITR31(KAR); [2002]257ITR31(Karn)

..... 1998, a declaration to the designated authority in accordance with the provisions of section 89 in respect of tax arrear, then, notwithstanding anything contained in any direct tax enactment or indirect tax enactment or any other provision of any law for the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely : -- (a) where the tax arrear is payable under the income-tax act, 1961 (43 of 1961),-- (i) in the case of a declarant, being a company or a firm, at the rate of ..... 60,000 will have to be deemed to have been adjusted towards interest due under sections 234a, 234b and 234c of the income-tax act which forms part of the tax arrears, having regard to the explanation to sub-section (1) of section 140a of the income-tax act, which reads thus :'where the amount paid by the assessee under this sub-section falls short of the aggregate of the tax and interest as aforesaid, the amount so paid shall first be adjusted towards the interest payable as aforesaid and ..... the normal rule that payments will first be adjusted towards interest and then towards principal (income-tax), based on the explanation to section 140a(1) of the income-tax act and general law, willbe inapplicable to matters covered by the kvs scheme. ..... but the issue will have to be examined not with reference to section 140a of the income-tax act, but with reference to the provisions of the kvs scheme, as contained in chapter iv of the finance .....

Shri M a Zahid Vs. Assistant Commissioner of Income Tax (Osd)

Court : Karnataka

..... 2007-08 for recovery of arrears in your case along with the interest payable under section 220(2) of the income tax act, 1961 and it is proposed to execute the above certificate by arrest and imprisonment of your person; you are hereby required to appear before the undersigned on the 02nd day of april 2018 at 11:05 am and to show cause why you should ..... placing reliance on section 276-c of the income tax act, 1961, and part ii of the first schedule of the code of criminal procedure, learned counsel has put forth a plea that an act of willful attempt to evade any tax, penalty or interest is made punishable with 12 rigorous imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine in case where the amount sought to be ..... j, made the following:- order whether a person issued with a notice under rule 73 of the second schedule of the income tax act 1961 is entitled to invoke section 438 of cr.p.c. ..... the records reveal that the tax liability or the evasion of the tax by the petitioner is already adjudicated by the competent authority and a certificate has been issued under section 222 of the income tax act.13. ..... the income tax department has no power to arrest in the course of proceedings under section 276c(2) of the income tax act. .....

Visalakshi Vs. Income-tax Officer, City Circle Ii, Bangalore and ors.

Court : Karnataka

Reported in : [1968]67ITR150(KAR); [1968]67ITR150(Karn)

..... under the first proviso to that sub-paragraph, the deposit in respect of the assessment year commencing on april 1, 1963, could be made within thirty days of the service of the notice of demand referred to in section 156 of the income-tax act, 1961, for that year, or by march 31,1964, whichever date was earlier, for march 31, 1964, specified in this proviso, june 30, 1964, weak later substituted. 8. ..... it was said that the word 'payable' in section 2(2) of the income-tax act, 1922 (xi of 1922), before that sub-section was amended in the year 1953 and which is also in section 156 of the income-tax act, 1961, has been understood by the courts in a particular way, and that the meaning which that word has so received, should be the meaning which we should give to that word in section 4(3) of the compulsory deposit scheme act. 22. ..... further sustenance for this contention was sought to be derived from the interpretation placed upon section 29 of the income-tax act, 1922(xi of 1922), which corresponds to section 156 of the income-tax act 1961 (43 of 1961). ..... the deposit in respect of that assessment year had to be made under the first provision within thirty days from the date of service of notice under section 156 of the income-tax act, 1961, or by june 30, 1964, whichever was earlier. ..... under the first proviso, the deposit has to be made either within thirty days of the service of notice of demand under section 156 of the income-tax act, 1961, or by june 30, 1964, whichever is earlier. .....

Commissioner of Wealth-tax Vs. G.E. Narayana and Others

Court : Karnataka

Reported in : [1992]193ITR41(KAR); [1992]193ITR41(Karn)

..... there were almost similar situations which arose under the provisions of the indian income-tax act, 1922, as well as under the present income-tax act, 1961, in connection with the assessment of the hindu undivided family. ..... the question was whether section 171(1) of the income-tax act could be applied to make as order of assessment assessing the erstwhile hindu undivided family. ..... after this decision, section 24b was introduced in the earlier income-tax act, 1922 (similar to the present section 159). ..... cit : [1959]35itr416(sc) , the supreme court pointed out that, but for section 25a of the indian income-tax act, 1922, a hindu undivided family which ceased to exist could not have been taxed at all. ..... one such situation resulted in the enactment of section 25a in the earlier income-tax act, 1922. ..... section 171 of the income-tax act did not made any provision to meet such a contingency. ..... thus, this language is substantially similar in its structure to section 4 of this income-tax act whereunder income-tax shall be charged in respect of the total income of the previous year of every person. ..... the position which obtained before this section was introduced in the old act was that though a hindu undivided family was a unit of assessment, there was no machinery provided in the act for levying tax and enforcing liability to tax in cases where a hindu undivided family had received income in the year of account but was no longer in existence as such at the time of assessment. .....

Commissioner of Income-tax and anr. Vs. D. Ananda Basappa

Court : Karnataka

Reported in : (2009)223CTR(Kar)186; [2009]309ITR329(KAR); [2009]309ITR329(Karn); [2009]180TAXMAN4(Kar)

..... in the provision of section 54(1) of the income-tax act, the relevant portion is extracted herein for convenient reference:subject to the provisions of sub-section (2), where, in the case of an assessee being an individual or a hindu undivided family, the capital gain arises from the transfer of a long-term capital asset, being buildings or lands appurtenant thereto, and being a residential house, the income of which is chargeable under the head 'income from house property (hereafter in this section referred to as the original asset), and ..... however, the proviso to section 54 of the income-tax act, lays down that if the assessee has already one residential building, he is not entitled to exemption of capital gains tax, when he invests the capital gain in purchase of additional residential building.7 ..... therefore, it is held that section 54(1) of the income-tax act does not permit exemption for the purchasers for more than one residential premises ..... combined reading of sections 54(1) and 54f of the income-tax act discloses that, a non residential building can be sold, the capital gain of which can be invested in a residential building to seek exemption of capital gain tax. ..... plain reading of the provision of section 54(1) of the income-tax act discloses that when an individual-assesses or hindu undivided family-assesses sells a residential building or lands appurtenant thereto, he can invest capital gains for purchase of residential building to seek exemption of the capital gains tax. .....

K.G. Subramanyam Vs. Commissioner of Income-tax

Court : Karnataka

Reported in : (1991)100CTR(Kar)135; [1992]195ITR199(KAR); [1992]195ITR199(Karn); 1992(1)KarLJ51

..... to us under section 256(1) of the income-tax act, 1961 ('the act' for short), read thus :'(1) whether, on the facts and in the circumstances of the case the tribunal was correct in holding that the provisions of section 41(1) were applicable for bringing to tax a sum of ..... the supreme court that the liability towards sales tax was deductible under section 10(2) (xv) of the indian income-tax act, 1922 (which is equivalent to the present section 37). ..... refund, these amounts were sought to be taxed under the earlier indian income-tax act, 1922. ..... itr 214, the assessee had paid certain amounts as sales tax on forward contracts and these payments were excluded from assessment under the income-tax act. ..... high court, the said decision did no become final, as the state went up in appeal to the supreme court; therefore, the refunded security assessee objected to its inclusion for the levy of income-tax under section 41. ..... a lump sum received by the assessee after several years which clearly would go to augment his income is treated under section 41(1) as taxable during that year of receipt, and parliament has obviously thought it fit to impose tax on this receipt during the year in which it is receive to avoid reopening of the concluded assessment by ..... tribunal stated that the amount previously deposited by the assessee in the treasury was claimed by the assessee as a deduction in computing its business income under section 10 of the act, and the claim for deduction was allowed in former years. .....

G. Padmanabhappa Vs. Excess Profits Tax Officer, Bellary

Court : Karnataka

Reported in : [1963]49ITR763(KAR); [1963]49ITR763(Karn)

..... the view taken in the several decided cases is that merely because no steps can be taken under section 46(2) of the indian income-tax act, the right of the department to recover the tax due otherwise is not taken away. 4. ..... it is contended that any action under section 46(2) of the indian income-tax act, 1922, read with rule 3 of the excess profits tax rules, 1940, is now barred. ..... a certificate under section 46(2) of the indian income-tax act, read with rule 3 of the excess profits tax rules, 1940, was issued on march 23, 1950. 2. ..... the section as it stands now, in addition to other provisions, contains proviso (iii) to section 46(7), which says : 'where the date of payment of tax has been extended by an income-tax authority, be reckoned from the date up to which the time for payment had been extended.' 6. ..... the contention of the learned counsel for the department that the order passed by the income-tax officer extending the time for payment of the tax levied amounts to granting of instalments within the meaning of that expression found in the proviso as it stood prior to the amendment in 1953, does not appear to us to be correct on the language of the provision. ..... 19,816 for the chargeable accounting period from october 30, 1943 to april 30, 1944, and a notice of demand was issued to them by the income-tax officer on february 1, 1948, which was served on them on or before march 10, 1948 (the exact date is not known). .....

L. Sohanraj and ors. Vs. Deputy Commissioner of Income-tax and anr. (N ...

Court : Karnataka

Reported in : (2003)179CTR(Kar)107; [2003]260ITR147(KAR); [2003]260ITR147(Karn)

..... the petitioners being of the view that there are certain mistakes, which are apparent on the face of the record/order made by the tribunal, had filed common petitions under section 254(2) of the income-tax act, inter alia, seeking rectification of the mistake apparent on the face of the record and those miscellaneous petitions are rejected by the tribunal by its common order dated july 23, 1999, on the sole ..... in chapter xx of the income-tax act, the legislature has thought it fit to introduce sections 260a and 260b to provide for an appeal to the high court against the orders made by the income-tax appellate tribunal, if the high court is satisfied that the case involves a ..... where the party feeling aggrieved by an order of an authority under the income-tax act has an adequate alternative remedy which he may resort to against the improper action of the authority and he does not avail himself of that remedy the high court will require a strong case to ..... (sc) , the apex court was pleased to observe as under (headnote of air 1961 sc) :'the income-tax act provides a complete machinery for assessment of tax and imposition of penalty and for obtaining relief in respect of any improper orders passed by the income-tax authorities, and a person, who is aggrieved by an order of the appellate assistant commissioner imposing a penalty, cannot be permitted to abandon resort to that machinery and to invoke the jurisdiction of the high court under article 226 ..... ito : [1961]41itr425(sc) and .....

R. Gopal Ramnaryan Vs. Third Income Tax Officer, Circle-ii, Banglore

Court : Karnataka

Reported in : (1980)19CTR(Kar)391; [1980]126ITR369(KAR); [1981]5TAXMAN71(Kar)

..... 143(3) of the income-tax act, 1961 (hereinafter referred to as "the act") the petitioner paid a sum of rs. ..... this in my opinion is the real character of the payment to be made under section 18a of the income-tax act. ..... 68) :"in my opinion the said sum which was demanded under section 18a of the income-tax act was not a tax which became due and payable within the meaning of the said section. ..... rajasekhara murthy, learned counsel appearing for the respondent-ito (revenue), has strenuously contended that in the scheme of the act, the income becomes liable to tax as soon as the charging section is attracted to the case of an individual or a body corporate or other persons liable to pay tax under the act. ..... 210 of the act, as contended by shri rajasekhara murthy, cannot be accepted to mean that, by the operation of that section, that tax had been levied, assessed and collected. ..... 40 of that act had application and the claim for refund being belted in terms of that section, the appellant therein was not entitled to refund. ..... as it apparent from the language of the section, it is very wide in its scope and application. ..... section 240 of the act provides for refund of any amount that becomes due to the assessee. ..... (3) of that section, the appellate tribunal shall send a copy of any order passed by it under that section to the assessee and to the commissioner and sub-s. ..... (4) of that section makes the order of the appellate tribunal in appeal, final. .....