Array ( [0] => ..... 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 thirty-five per cent. of the disputed ..... 1. the petitioner is an assessee under the income-tax act, 1961 (the 'i. t. act' for short). for the assessment year 1995-96 (accounting period ended on march 31, 1995), the appellant filed his return on march 26, 1997, declaring a total income of rs. 2,59,030. his return was processed under section 143(1)(a) on september 27, 1997. as it was a survey ..... [1] => ..... for pronouncment this day, john michael cunha. 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. is the question that arises for consideration in this petition. the contextual background giving rise to the above ..... (central range-1), bangalore for a.y. 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 ..... the doors of this court on the apprehension that he is likely to be arrested by the assistant commissioner of income tax (osd) pursuant to the notice at annexure-b . 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 ..... [2] => ..... , 1964. 60. 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. so, if the period of thirty days after the service of the notice of demand expired before june 30, ..... 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. ..... 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). on the foundation that these sections authorise a notice of demand when any tax, interest, penalty or fine or the like is payable in consequence of an order ..... [3] => ..... the charge is related to the net wealth of the person concerned. 10. under the income-tax act also, the hindu undivided family is a person assessable to tax. 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. one such situation resulted in ..... the enactment of section 25a in the earlier income-tax act, 1922. the said provision was enacted to get over the difficulty caused when a hindu undivided family had ..... [4] => ..... in accordance with the following provisions of this section', that is to say,-5. a 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 ..... of more than one dwelling unit for the purpose of claiming exemption under the head 'capital gains'?4. 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 ..... certified that he has effected necessary modifications to the two flats to make it one residential apartment. the assessee sought for exemption under section 54 of the income-tax act.2. the assessing authority gave exemption for capital gains to the extent of purchase of one residential flat. it was found in the inspection by the inspector ..... [5] => ..... are barred. 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. section 46(7) as it stood prior to its amendment in 1953 read as follows : 'save in ..... 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. the question is whether this contention is correct. 3. mr. srinivasan has not contended before us that the other remedies available to ..... inspecting assistant commissioner extended time on september 3, 1948, for the payment of the tax levied till the disposal of the appeal. the appeal was disposed of in 1957. 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. it is contended that ..... [6] => ..... , learned counsel draws my attention to certain observations made by the apex court in the cases of c. a. abraham v. ito : [1961]41itr425(sc) and champalal binani v. cit : [1970]76itr692(sc) .5. 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 ..... (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 ..... [7] => ..... its employees is available for deduction? the tribunal having held that it is so deductible, is sought to be questioned in the light of section 36(1)(v) of the income tax act, 1961. however, even this has been answered by a division bench judgment of this court as early as in the case of chief commissioner (admn) and another vs. karnataka electricity board ..... view of this, the provisions of the section 194(3)(v) of the income-tax act have been amended so as to expressly provide that the exemption provided from deduction of tax from payment of interest to members by a co-operative society under section 194a(3)(v) of the income tax act shall not apply to the payment of interest on time deposits by the co ..... [8] => ..... 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 thirty-five per cent of the disputed ..... by the courtpetitioner is an assessee under the income tax act, 1961 (hereinafter referred to as 'the act'). for the assessment year 1995-96 (accounting period ended 31-3-1995), the appellant filed his return on 26-3-1997, declaring a total income of rs. 2,59,030. his return was processed under section 143(1)(a) on 27-9-1997. as it was a survey case ..... [9] => ..... matter has been reconsidered by the board in consultation with the ministry of law. under section 271(1)(a)(i) of the income-tax act 1961, the penalty is to be 2% of the tax, if any, payable by the assessee. section 219 of the income-tax act, 1961, makes it clear that any sum other than penalty or interest, paid by or recovered from the assessee as advance ..... and payable, at the date of final assessment ?' 2. the assessee by notice dated march 6, 1964, issued under section 139(2) of the income-tax act, 1961 (hereinafter referred to as 'the act') was required to file his return of income for the assessment year 1964-65, on or before the 15th of october, 1964. on october 13, 1964, the assessee asked for time for ..... [10] => ..... 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 ..... [11] => ..... of seeking correction of the demand/order on the premise that the receipt in the hands of the non-recipient was getting out of the net of taxation under income tax act, 1961 due to one or the other reason.75. in all these appeals, there being no dispute nor can there be any dispute regarding the payments made by the ..... purposes of the activities/business of the resident -assessees in the background of the nature of their liability/obligation under the provisions of section 195 of the income tax act, 1961 [for short 'the act'] by holding that the subject payments were not in the nature of royally payments within the meaning of section 9[1][vi] of the ..... sold by the indian counterpart cannot in any way rope in the nonresidents for payment of any tax under the indian income tax act, 1961.45. the contentions urged on behalf of the assessee are more in the context of the determination of the tax liability of the non-resident recipient of the price/payment for the supply or sale of shrink ..... [12] => ..... . the petitioner is in all these writ petitions is questioning the order passed by the first respondent under section 201(1) and 201(1a) of the income tax act, 1961 (for short 'the act'), for the respective assessment years. the petitioner is also questioning the show cause notice issued on 19.1.2009, pursuant to which annexure-h has been ..... business of profit in respect of health insurance claim services. he further submits that under section 133a of the act a survey was conducted and the information received was not in compliance with the provisions of the income tax act. he submits that prior to amendment to section 201, there was a controversy that any person who has ..... failed to comply with the provisions of the act in not deducting the tds at source was not liable to be treated as ..... [13] => ..... , if any, not deductible under sections 40 and 40a of the income-tax act, 1961. 6. particulars of amounts, if any, chargeable as profits under section 41 of the income-tax act, 1961. 7. particulars of payments in respect of which income tax has not been deducted at source and paid in accordance with the requirements of sections ..... of persons carrying on 'business' and 'profession', reads thus : 'form no. 3ca[see rule 6g(1)(a)]audit report under section 44ab of the income-tax act, 1961, in a case where the accounts of the business of a person have been audited under any law by an accountant. *i/we have to report ..... of depreciation. 4. brief particulars of expenditure on entertainment, adevertisement, guest house, etc., and the amount, if any, disallowable under section 37 of the income-tax act, 1961. 5. particulars of expenses in respect of which payments have been made to directors, partners or persons substantially interested in the concern and their relatives. the amount ..... ) Income Tax Act 1961 Section 80rrb Deduction in Respect of Royalty on Patents - Court Karnataka - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: income tax act 1961 section 80rrb deduction in respect of royalty on patents Court: karnataka Page 1 of about 4 results (2.161 seconds)

Feb 22 2002 (HC)

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

Court : Karnataka

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

..... 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 thirty-five per cent. of the disputed ..... 1. the petitioner is an assessee under the income-tax act, 1961 (the 'i. t. act' for short). for the assessment year 1995-96 (accounting period ended on march 31, 1995), the appellant filed his return on march 26, 1997, declaring a total income of rs. 2,59,030. his return was processed under section 143(1)(a) on september 27, 1997. as it was a survey .....

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Jun 26 2018 (HC)

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

Court : Karnataka

..... for pronouncment this day, john michael cunha. 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. is the question that arises for consideration in this petition. the contextual background giving rise to the above ..... (central range-1), bangalore for a.y. 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 ..... the doors of this court on the apprehension that he is likely to be arrested by the assistant commissioner of income tax (osd) pursuant to the notice at annexure-b . 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 .....

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Mar 21 1966 (HC)

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

Court : Karnataka

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

..... , 1964. 60. 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. so, if the period of thirty days after the service of the notice of demand expired before june 30, ..... 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. ..... 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). on the foundation that these sections authorise a notice of demand when any tax, interest, penalty or fine or the like is payable in consequence of an order .....

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Aug 01 1991 (HC)

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

Court : Karnataka

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

..... the charge is related to the net wealth of the person concerned. 10. under the income-tax act also, the hindu undivided family is a person assessable to tax. 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. one such situation resulted in ..... the enactment of section 25a in the earlier income-tax act, 1922. the said provision was enacted to get over the difficulty caused when a hindu undivided family had .....

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Oct 20 2008 (HC)

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 accordance with the following provisions of this section', that is to say,-5. a 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 ..... of more than one dwelling unit for the purpose of claiming exemption under the head 'capital gains'?4. 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 ..... certified that he has effected necessary modifications to the two flats to make it one residential apartment. the assessee sought for exemption under section 54 of the income-tax act.2. the assessing authority gave exemption for capital gains to the extent of purchase of one residential flat. it was found in the inspection by the inspector .....

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Aug 13 1962 (HC)

G. Padmanabhappa Vs. Excess Profits Tax Officer, Bellary

Court : Karnataka

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

..... are barred. 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. section 46(7) as it stood prior to its amendment in 1953 read as follows : 'save in ..... 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. the question is whether this contention is correct. 3. mr. srinivasan has not contended before us that the other remedies available to ..... inspecting assistant commissioner extended time on september 3, 1948, for the payment of the tax levied till the disposal of the appeal. the appeal was disposed of in 1957. 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. it is contended that .....

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Apr 11 2000 (HC)

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)

..... , learned counsel draws my attention to certain observations made by the apex court in the cases of c. a. abraham v. ito : [1961]41itr425(sc) and champalal binani v. cit : [1970]76itr692(sc) .5. 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 ..... (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 .....

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Jun 22 2016 (HC)

The Commissioner of Income Tax, Belgaum and Others Vs. Siddeshwar

Court : Karnataka Kalaburagi

..... its employees is available for deduction? the tribunal having held that it is so deductible, is sought to be questioned in the light of section 36(1)(v) of the income tax act, 1961. however, even this has been answered by a division bench judgment of this court as early as in the case of chief commissioner (admn) and another vs. karnataka electricity board ..... view of this, the provisions of the section 194(3)(v) of the income-tax act have been amended so as to expressly provide that the exemption provided from deduction of tax from payment of interest to members by a co-operative society under section 194a(3)(v) of the income tax act shall not apply to the payment of interest on time deposits by the co .....

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Feb 22 2002 (HC)

Mangilal S. JaIn Vs. Cit and anr.

Court : Karnataka

Reported in : (2002)175CTR(Kar)347

..... 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 thirty-five per cent of the disputed ..... by the courtpetitioner is an assessee under the income tax act, 1961 (hereinafter referred to as 'the act'). for the assessment year 1995-96 (accounting period ended 31-3-1995), the appellant filed his return on 26-3-1997, declaring a total income of rs. 2,59,030. his return was processed under section 143(1)(a) on 27-9-1997. as it was a survey case .....

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Sep 09 1969 (HC)

M.M. Annaiah Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : [1970]76ITR582(KAR); [1970]76ITR582(Karn)

..... matter has been reconsidered by the board in consultation with the ministry of law. under section 271(1)(a)(i) of the income-tax act 1961, the penalty is to be 2% of the tax, if any, payable by the assessee. section 219 of the income-tax act, 1961, makes it clear that any sum other than penalty or interest, paid by or recovered from the assessee as advance ..... and payable, at the date of final assessment ?' 2. the assessee by notice dated march 6, 1964, issued under section 139(2) of the income-tax act, 1961 (hereinafter referred to as 'the act') was required to file his return of income for the assessment year 1964-65, on or before the 15th of october, 1964. on october 13, 1964, the assessee asked for time for .....

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