Judgment Search Results Home > Cases Phrase: karnataka rent control act 2001 section 2 application of the act Court: income tax appellate tribunal itat hyderabad Page 1 of about 9 results (0.192 seconds)

income-tax Officer Vs. Ananda Nilayam

Court : Income Tax Appellate Tribunal ITAT Hyderabad

..... under- "22.2,8 eviction proceedings - in chamundi moped, the supreme court held that continuation in occupation of rented premises by the sick industrial company, as a statutory tenant, under the umbrella of protection granted under the karnataka rent control act, was only a limited interest, not equivalent to a right to property of the company protected under section 22(1 ..... for the assessment years 1990-91 to 1992-93. wherein he has allowed the assessee the benefit of deduction under section 24(1)(x) of the act, for the unrealised rent in the computation of income from house property. 2. the hon'ble cit (appeals) is not correct in allowing the assessee's claim made under ..... , no steps are proved to have been taken to obtain the permission of the bifr for instituting legal proceedings either for eviction or for realisation of unpaid rent. the remark of the assessing officer that the promoters of the tenant-company are the partners of the assessee-firm cannot also be ignored. the failure of .....

income Tax Officer Vs. Ananda Nilayam

Court : Income Tax Appellate Tribunal ITAT Hyderabad

..... as under : "22.2.8 eviction proceedings--in chamundi moped, the supreme court held that continuation in occupation of rented premises by the sick industrial company, as a statutory tenant, under the umbrella of protection granted under the karnataka rent control act, was only a limited interest, not equivalent to a right to property of the company protected under section 22(1 ..... for the asst. yrs. 1990-91 to 1992-93. wherein he has allowed the assessee the benefit of deduction under section 24(1)(x) of the act, for the unrealised rent in the computation of income from house property. 2. the hon'ble cit(a) is not correct in allowing the assessee's claim made under section 24 ..... the bifr. it was also explained that the said srpm was not maintaining any accounts since 1989, and it had not made any provision for the payment of rent. it was also explained that even if any legal proceedings are initiated, they would be futile. in the circumstances, it was claimed that the assessee was eligible .....

ito Vs. Ananda Nilayam

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2001)79ITD616(Hyd.)

..... (1996 edition) reads as under in chamundi moped, the supreme court held that continuation in occupation of rented premises by the sick industrial company, as a statutory tenant, under the umbrella of protection granted under the karnataka rent control act, was only a limited interest, not equivalent to a right to property of the company protected under section ..... the assessment years 1990-91 to 1992-93. wherein he has allowed the assessee the benefit of deduction under section 24(1)(x) of the act, for the unrealised rent in the computation of income from house property.2. the honble commissioner (appeals) is not correct in allowing the assessees claim made under section ..... at all evident that the assessee had taken any steps either to compel the tenant company to vacate the premises or for the recovery of the unpaid rent. accordingly, he made the abovementioned additions for these three years under appeal.when the above additions were questioned in first appeal, the commissioner (appeals) .....

Sri Naraindas Mulchand (Huf) Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1987)20ITD409(Hyd.)

..... and radha devi jalan's case (supra) dealt with properties which fall within the purview of the provisions of the rent control act which is not the case before us. ..... the valuation of property for wealth-tax purposes in a given case which is a question of fact. in the case cited supra, the karnataka high court held that the two well-known methods of ascertaining the market value of a building which have come into existence are : (a ..... cwt [1977] 107 itr 477. with great respect to the punjab and haryana high court, we are inclined to follow the view of the karnataka high court in v.c. ramachandran v. cwt [1980] 126 itr 157, in that this principle of interpretation of statutes cannot be imported ..... submitted that the cost of construction has no relevance for ascertaining the fair market value. for highly developed commercial properties which are let out, rent capitalisation method is the only reasonable method that has to be adopted. as the value of land and buildings would appreciate in future, and .....

Jeevanlal Narsi and Sons Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1992)42ITD719(Hyd.)

..... of a particular state allow the payment of any portion of the sales tax beyond the year then also section 43b applies. therefore, simply because under the karnataka sales-tax act, the assessee had got time to pay the sales-tax relating to the last month of the accounting year till 25-11-1983 which falls beyond the accounting ..... in invoking the provisions of section 43b. it is the further contention of the learned counsel for the assessee that there is no statutory obligation under the karnataka sales-tax act to pay sales-tax due for the previous year within the said previous year itself. the sales-tax collections made but not remitted to the government could ..... still time available to the assessee under the relevant sales-tax law for payment of the amount for the last month of the accounting year. according to the karnataka sales-tax act, such time is available to the assessee upto 25-11-1983.thus, under the first proviso to section 43b since payments of sales-tax collections were made .....

income-tax Officer Vs. B. Rajendra Oil Mills and Refinery

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1986)16ITD381(Hyd.)

..... otherwise transferred', the rule of ejusdem generis will be applicable, according to him. the finding of the commissioner, he submitted, has not found favour either with the karnataka high court or with the supreme court. he then pointed out that the mere fact that depreciation has been allowed to the assessee is not at all material. even ..... to a licence only. we have already noticed that full possession has not been given to agarwal industries.there are clauses which give power to the assessee to keen control over the premises.19. now, the definition of 'licence' itself would show that no interest in the property is conveyed to the licencee. in fact, the ..... if the lease rent is to be assessed under section 56 of the act, the assessee will be granted depreciation. he then submitted that what was 'transferred' under the transfer of property act has to be considered as transfer for the income-tax act also. in other words, the act cannot be more restrictive in meaning to .....

Coromandel Fertilisers Limited Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2004)90ITD344(Hyd.)

..... business discussions which temporarily become their "other place of work" within the meaning of the explanation 2 to section 37 (2a) of the act as held by the karnataka high court in the case of cit v. mysore minerals ltd. (162 itr 562) the learned cit(a) erred in not disposing of ..... under- coromandel fertilisers limited income tax assessment year 1991-92 fixed assets - cement plantfactory buildings 7242669furniture & fittings 95163office machinery 1211892motor cars 16998plant & machinery a)pollution control euip. 3155139 b)roads, locomotives,items costing less 47064than rs. 5000 tax w.d.v. of the various assets, but the only difference is in respect ..... during their engagement by the vendor immediately preceding the transfer date. 11. the purchaser shall, save as herein expressly provided, bear and pay all assessments, rents, rates, taxes, outgoings and impositions of whatsoever nature relating or pertaining to the operations and activities of the undertaking after the transfer date and save .....

Sundaram Tobaccos Vs. Income-tax Officer.

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1986)17ITD177(Hyd.)

..... only for assessees business. the income derived therefrom will be assessable under the head profits and gains of business or profession having regard to the ratio of the karnataka high court in hindustan machine tools ltd.s case (supra) in view of the facts independently ascertained by us, there is in fact no fresh material which ..... state bank of india, post office, police station, central excise office and railway staff quarters were constructed to serve as incidental to the assessees business and, therefore, the rent derived from the above was taxable under section 28.14. in cit v. associated building co. ltd. [1982] 137 itr 339 (bom.), the assessee owned a building ..... used the godown for its own business, the income derived therefrom would not be assessable under the head income from house property because section 22 of the act specifically excludes such portion to the property as the assessee may occupy for the purposes of any business carried on by it the profits of which are chargeable .....

A.V.R. and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1995)54ITD446(Hyd.)

..... without enquiry or evidence and in undue haste would be an assessment erroneous and prejudicial to the interests of the revenue. this is in view of the decision of the karnataka high court in the case of thalibai f. jain (supra), delhi high court in the case of gee vee enterprises v. addl cit [1975] 99 itr 375, and ..... on the other hand, submitted that the assessing officer had completed the assessment in a haste without making any enquiries whatsoever and, therefore, in view of the decision of the karnataka high court in the case of thalibai f. jaia v. ito [ 1975] 101 itr 1, referred to in the decision of the patna high court in pushpa devi's ..... whether the assessing officer should have elected to pass an order under a particular section when the other mode of assessment was available under the act. in our opinion, the cit has no power to control the discretion of the assessing officer to elect one mode of assessment.his jurisdiction is to see whether an order passed by the assessing officer .....

D.S. Narayana and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1986)16ITD511(Hyd.)

..... counsel for the assessee relied upon the delhi high court's decision in steel & general mills co. ltd. v. cit [1974] 96 itr 438. he also cited the karnataka high court's decision in liquidator, mysore agencies (p.) ltd. v. cit [1978] 114 itr 853 and the madhya pradesh high court's decision in cit v. nathuabhai ..... to provide the assessee with steel melting scrap and borings and turnings at the rate of rs. 40 and rs. 10 per ton, respectively. subsequently, the government scrap control order, 1943 was passed. under the provisions of the said order, the government demanded from the assessee-company payment of freight charges also in respect of melting scrap ..... in liquidator, mysore agencies (p.) ltd.'s case (supra) the requirements of section 41(1) are explained by the karnataka high court as follows : a reading of sub-section (1) of section 41 of the income-tax act, 1961, shows that where any amount has been treated as an expenditure or trading liability in the assessment for any year and .....