Court : Karnataka Dharwad
..... of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located outside india, held by a beneficial owner or otherwise or in which he was a beneficiary, at any time during such previous year, or disclose any income from a source outside india, he shall be punishable with rigorous imprisonment for a term which shall not be less than six months ..... he would submit that it is a matter of investigation and the funds parked outside the country should be brought back to the country and, therefore, would seek dismissal of the petitions and continuance of proceedings against the petitioners.8. ..... documents (being books of account or other documents relevant to any proceeding under this act) containing a false entry or statement; or (ii) makes or causes to be made any false entry or statement in such books of account or other documents; or 18 (iii) willlfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or (iv) causes any other circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this ..... an agreement had been entered into on 01-08-1936 for carrying on diamond mining operation for 15 years. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located outside india, held by a beneficial owner or otherwise or in which he was a beneficiary, at any time during such previous year, or disclose any income from a source outside india, he shall be punishable with rigorous imprisonment for a term which shall not be less than six months ..... he would submit that it is a matter of investigation and the funds parked outside the country should be brought back to the country and, therefore, would seek dismissal of the petitions and continuance of proceedings against the petitioners.8. ..... documents (being books of account or other documents relevant to any proceeding under this act) containing a false entry or statement; or (ii) makes or causes to be made any false entry or statement in such books of account or other documents; or 18 (iii) willlfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or (iv) causes any other circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this ..... an agreement had been entered into on 01-08-1936 for carrying on diamond mining operation for 15 years. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located outside india, held by a beneficial owner or otherwise or in which he was a beneficiary, at any time during such previous year, or disclose any income from a source outside india, he shall be punishable with rigorous imprisonment for a term which shall not be less than six months ..... he would submit that it is a matter of investigation and the funds parked outside the country should be brought back to the country and, therefore, would seek dismissal of the petitions and continuance of proceedings against the petitioners.8. ..... documents (being books of account or other documents relevant to any proceeding under this act) containing a false entry or statement; or (ii) makes or causes to be made any false entry or statement in such books of account or other documents; or 18 (iii) willlfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or (iv) causes any other circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this ..... an agreement had been entered into on 01-08-1936 for carrying on diamond mining operation for 15 years. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located outside india, held by a beneficial owner or otherwise or in which he was a beneficiary, at any time during such previous year, or disclose any income from a source outside india, he shall be punishable with rigorous imprisonment for a term which shall not be less than six months ..... he would submit that it is a matter of investigation and the funds parked outside the country should be brought back to the country and, therefore, would seek dismissal of the petitions and continuance of proceedings against the petitioners.8. ..... documents (being books of account or other documents relevant to any proceeding under this act) containing a false entry or statement; or (ii) makes or causes to be made any false entry or statement in such books of account or other documents; or 18 (iii) willlfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or (iv) causes any other circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this ..... an agreement had been entered into on 01-08-1936 for carrying on diamond mining operation for 15 years. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located outside india, held by a beneficial owner or otherwise or in which he was a beneficiary, at any time during such previous year, or disclose any income from a source outside india, he shall be punishable with rigorous imprisonment for a term which shall not be less than six months ..... he would submit that it is a matter of investigation and the funds parked outside the country should be brought back to the country and, therefore, would seek dismissal of the petitions and continuance of proceedings against the petitioners.8. ..... documents (being books of account or other documents relevant to any proceeding under this act) containing a false entry or statement; or (ii) makes or causes to be made any false entry or statement in such books of account or other documents; or 18 (iii) willlfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or (iv) causes any other circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this ..... an agreement had been entered into on 01-08-1936 for carrying on diamond mining operation for 15 years. .....
Tag this Judgment!Court : Karnataka
..... , there is no scope to value the suit under the provisions of the act of 1958 as section 12 of the act of 2015 provides the method to determine the specified value which has the bearing on jurisdiction of the court, and section 50 of the act of 1958 recognises such provision in any other law dealing with the jurisdiction of the court, in situations already discussed supra.22 ..... for pronouncement this day, the court pronounced the following: - 3 - order in a suit for injunction, alleging passing off under the trade marks act, 1999, can the specified value of the subject matter of the suit, be determined applying section 50 of the karnataka court fees and suit valuation act, 1958 is the question that needs to be answered in this petition.2. respondent in this appeal filed the suit for an injunction in respect of ..... purpose of determining the jurisdiction of courts, specific provision is not otherwise made in this act or in any other law, value for that purpose and value for the purpose of computing the fee payable under this act shall be the same: provided that notwithstanding anything contained in sub-section (2) of section 7, the value of land specified in clauses (a), (b), or (c) of the said sub-section shall, for purposes of determining the jurisdiction of courts, be the market value ..... . all provisions referred to above co-exist and do not overlap each other, given the fact that section 50 of the act of 1958 recognises and respects any other law on the valuation of the suit .....
Tag this Judgment!Court : Karnataka
..... this attestation however, shall have to be in accordance with section 68 of the evidence act which requires that if a document is required by law to be attested, it shall not be used as evidence until at least one attesting witness has been called for the purpose of proving its execution and the same is so ..... required by law to be attested, its execution has to be proved in the manner laid down in the section and the evidence act which requires that at least one attesting witness has to be examined for the purpose of proving the execution of such ..... that it is the burden casts on the defendants, who are propounders have to prove the will in terms of the section 63 of the indian succession act, 1956 and section 68 of the indian evidence act, 1872, but none of the attesting witnesses have been examined by the propounders of the will. ..... will shall have to discharge their burden in proving execution of will as per section 63 of the indian evidence act and under section 68 of indian evidence act and under section 68 of the indian evidence act and this principle of law is no longer res integra.18. ..... in respect of the execution of the will propounded, such pleas may have to be proved by the caveators; but, even without such pleas circumstances may raise a doubt as to whether the testator was acting of his own free will in executing the will, and in such circumstances, it would be a part of the initial onus to remove any such legitimate doubts in the matter.21. ..... , photographs, tax paid receipts, .....
Tag this Judgment!Court : Karnataka
..... , (2000) 5 scc694 by the supreme court in the matter of priority of state debts as already discussed and the provision of section 35of the sarfaesi act we are in respectful agreement with the view taken by the madras high court [uti bank ltd. v. ..... considering the language of section 35 and the decided case law, in our opinion it would be of no effect, as the provisions of the sarfaesi act override the provisions of the central sales tax act and as such the priority given to a secured creditor would override crown dues or the state dues.20. ..... if the central excise act found in the judgment of the apex court is paraphrased with that of the income-tax department/dues under the income- tax act, the reasons so rendered by the apex court would become applicable to the facts of the case at hand as well. ..... those principles of common law, thus, which were existing at the time of coming into force of the constitution of india are saved by reason of the aforementioned provision. ..... the court was pleased to hold that tax dues under the customs act and central excise act, do not have priority of claim over the dues of a secured creditor as there is no specific provision either in the central excise act or the customs act giving those dues first charge, and that the claims of the secured creditors will prevail over the claims of the state. .....
Tag this Judgment!Court : Supreme Court of India
..... however, subsequently one of them had also been withdrawn in 2011 and today only one guidelines is issued for which the appellant has not received any representation, ventilation or any grievance from any member of the appellant association in respect of the existing guidelines which deals with section 44 a(b) of the income tax act, 1961. mr. ..... apply to a person, who declares profits and gains for the previous year in accordance with the provisions of sub-section (1) of section 44ad or sub-section (1) of section 44ada: provided further that this section shall not apply to the person, who derives income of the nature referred to in section 44b or section 44bba, on and from the 1st day of april, 1985, or, as the case may be, the date on which the relevant section came into force, whichever is later: provided also that in a case where such person ..... the statement of objects and reasons of the 1949 act makes it clear that the act was brought in to ensure that accountants all over the country, in discharge of their public duties, are governed by a central body that is not transitional. ..... we find ourselves in agreement with this observation. ..... the object and purpose of section 44ab is to prevent evasion of taxes, plug loopholes enabling tax avoidance and also facilitate tax administration, which would ensure that the economic system does not result in concentration of wealth to the common detriment. ..... we are in complete agreement with the aforesaid observations. .....
Tag this Judgment!Court : Supreme Court of India
..... do so to ensure that the timeline of one year extended at (a) above to complete the acquisition process can be adhered to by the appellants and the gnctd, which would also likely be beneficial for the expropriated land owners; 109 (d) similarly, compliance with sections 13, 14, and 16 to 20 of 2013 act can be dispensed with as the subject-lands are predominantly urban/semi-urban in nature and had earlier been acquired for public purposes of paramount importance. ..... similarly, the collector shall determine the market value of the building or assets attached with the land in accordance with section 29 of the 2013 act, and shall further award solatium in accordance with section 30 of the 2013 act; 111 (j) in the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of chapter (v) pertaining to rehabilitation and resettlement award is hereby dispensed with; and (k) the expropriated land-owners shall be entitled to seek reference for enhancement ..... commissioner of wealth tax v. ..... however, when covid-19 cases across the country rose again, a miscellaneous application was filed and vide an order ..... that a fact-finding exercise is necessary in these cases, and hence, there exist sufficient grounds for the condonation of delay. ..... over a long span of 1957-2006, various notifications under sections 4 and 6 of the 1894 act were issued for acquiring these lands and awards were passed under section 11 of the 1894 act affixing compensation. 3.2. .....
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