Kerala Court June 1965 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
N.K. Krishna Iyer, Sreeman Motors Vs. Commissioner of Gift-tax
Court: Kerala
Decided on: Jun-15-1965
Reported in: [1973]89ITR228(Ker)
M.S. Menon, C.J. 1. This is a reference by the Income-tax Appellate Tribunal, Madras Bench, under Section 26(1) of the Gift-tax Act, 1958. The assessment year concerned is 1959-60 and the questions referred to are: ' (1) Whether a specific transfer of goodwill is necessary to invoke the provisions of the Gift-tax Act (2) Whether by the transfer of the business the father had impliedly transferred the goodwill that attached to that business and (3) Whether the calculation of the value of the goodwill by the Gift-tax Officer is correct ' 2. The assessee was the proprietor of Sreeman Motors and Sree Krishna Talkies. The proprietary business was transformed into a partnership business, the partners being the assessee and his four sons. 3. The contribution of each of the five partners to the assets of the partnership was Rs. 22,100. The assessee gave his sons an amount sufficient for 'their contribution, namely, Rs. 22,100 each or Rs. 88,400 in all. The whole arrangement was effected by n...
N. Veeriah Reddiar and Bros. Vs. Commissioner of Income-tax, KeralA.
Court: Kerala
Decided on: Jun-09-1965
Reported in: [1967]64ITR474(Ker)
M. S. MENON C.J. - This is a reference by the Income-tax Appellate Tribunal, Madras Bench, under section 66 (2) of the Indian Income-tax Act, 1922. The assessment years concerned are 1958-59 and 1959-60; and the accounting periods, the Malayalam years 1132 and 1133, respectively. The questions referred are :'(1) Whether, on the facts and in the circumstances of the case, the addition of Rs. 16,066 to the assessees income for 1958-59 assessment is valid in law (2) Whether, on the facts and in the circumstances of the case, the addition of Rs. 14,589 to the assessees income for 1959-60 assessment is valid in law (3) Whether, on the facts and circumstances of the case, the assessee is entitled to the deduction of the salary of Rs. 1,800 paid to the karta as an admissible deduction in the computation of the assessees total income for the assessment year 1958-59 (4) Whether, on the facts and circumstances of the case, the assessee is entitled to the deduction of the salary of Rs. 2,700 paid...
V. Damodaran Vs. Commissioner of Income-tax, Kerala, Ernakulam
Court: Kerala
Decided on: Jun-04-1965
Reported in: [1967]64ITR26(Ker)
ORDER1. This is a reference by the Income tax Appellate Tribunal Madras Bench, under section 66 (2) of the Indian Income-tax Act, 1922. The relevant assessment year is 1958-59; and the accounting period for the timber trade and the transport service with which we are concerned, the period from 1-1-1132 M. E. to 18-8-1132 M. E. The questions referred are :' (1) Whether on the facts and in the circumstances of the case, the disallowance of Rs. 5,154 representing the payments made to Sridharan and Velayudhan to shut off thecompetition while buying timber which form ed part of the assessees business is justified in law ? 2. Whether on the facts and in the circumstances of the case, the addition of Rs. 30,000 to the income returned by the assessee in respect of bus transport business is lawful ' Question No. 1 :2. The claim for deduction in respect of Rs. 5,154 was based on the assertion that the assessee had paid Rs. 2,677 to one Velayudhan Pillai and an equal sum to one Sridharan Pillai, ...
Commissioner of Income-tax, Kerala Vs. Ramzan.
Court: Kerala
Decided on: Jun-03-1965
Reported in: [1967]64ITR74(Ker)
M. S. MENON C.J. - This is a reference at the instance of the Commissioner of Income-tax, Kerala, by the Income-tax Appellate Tribunal, Madras Bench, under section 66(1) of the Indian Income-tax Act, 1922. The assessment year with which we are concerned is 1956-57; and the accounting period April 1, 1956, to March 31, 1957. The question referred is :'Whether the provisions of section 24A of the Income-tax Act of 1922 were applicable ?'It is agreed that the assessee had applied for a tax clearance certificate under section 46A of the Indian Income-tax Act, 1922. Under that section, the assessee, though admittedly domiciled in India, could not leave the territory of India by land, sea or air unless he first obtained the certificate contemplated there in, if he had in the opinion of the income-tax authority con concerned no intention of returning to this country.Section 24A provides that when it appears to the Income-tax Officer that any person may leave the taxable territories during the...
Pandaran Mani and ors. Vs. State of Kerala
Court: Kerala
Decided on: Jun-01-1965
Reported in: AIR1966Ker1; 1966CriLJ22
Raman Nayar, J.1. Two persons died, it is alleged as a result of an assault on them on the 25th April 1964 by the accused persons in this case, 12 in number. One of them, Varunny by name, died on the spot; the other, Krishnan, died in hospital about three months later, on the 15th July 1964, after the completion of the preliminary enquiry but before the commencement of the trial. Naturally, while the commitment in respect of the assault on Varunny was on a charge under Section 302 I. P. C., that in respect of the assault on Krishnan was only on a charge under Section 307 I. P. C. But, on being informed of Krishnan's death, the Sessions Judge altered the latter charge into one under Section 302 I. P. C. and proceeded to try the accused on the charge as so altered. He convicted the 1st and 2nd accused under Section 302 I. P C., the former for having caused the death of Varunny and the latter for having caused the death of Krishnan. And he sentenced each of them to suffer rigorous impriso...
- ‹ Prev
- 1
- Next ›