Kerala Court August 1968 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.
P. P. Kuriakose and P. P. Varghese Vs. Commissioner of Income-tax, Ker ...
Court: Kerala
Decided on: Aug-20-1968
Reported in: [1969]71ITR109(Ker)
ISAAC J. - This is reference made by the Income-tax Appellate Tribunal, Madras Bench, under section 66(2) of the Indian Income-tax Act, 1922, as directed by this court on the application of the assessee. The question referred is :'Whether, on the facts and in the circumstances of the case, the assessee-firm is entitled to renewal of registration under section 26A of the Indian Income-tax Act, 1922 ?'This reference relates to the assessment year 1959-60; and the previous year is the one which ended on 31-12-1133, M.E. The assessee is a partnership firm consisting of two partners, P. P. Kuriakose and P. P. Varghese, constituted under a deed dated March 7, 1953. It carries on business in provisions, rice and handloom goods. It was also conducting a wholesale ration shop for which the licence was in the name of Kuriakose, and a retail ration shop for which the licence was in the name of Varghese.During the accounting year 1133 M.E., the profits from its business excluding the ration shop a...
Bhagavadas Krishnadas and anr. Vs. P.S. Soma Iyer and ors.
Court: Kerala
Decided on: Aug-19-1968
Reported in: AIR1969Ker263
K. Sadasivan, J. 1. Defendants 1 and 2 are the appellants in the second appeal. The suit against them was for compensation for use and occupation. The plaint property belonged to one Krishnadas. For arrears of income tax due, the property was brought to sale in revenue recovery proceedings and purchased by the plaintiff on 15-5-1954. There were two buildings in the property, buildings bearing numbers 682 and 683 which were both occupied by the defendants. Till 30-11-54 that is, the date of confirmation of the sale the defendants were in possession and they were taking the usufructs from the property. On 30-11-54 they were dispossessed of the compound; but at the request of the defendants they were allowed to continue their residence in the buildings, on their agreeing to compensate the plaintiff for the loss of rent that he was likely to sustain thereby. On 21-10-1955 the defendants were dispossessed of the buildings also; but nothing was paid by them by way of damages for the period b...
S. A. Ramaraj Vs. Commissioner of Agricultural Income-tax, KeralA.
Court: Kerala
Decided on: Aug-16-1968
Reported in: [1969]71ITR108(Ker)
ISAAC J. - This is a reference made by the Kerala Agricultural Income-tax Appellate Tribunal under section 60(1) of the Agricultural Income-tax Act, 1950, on application of the assessee. The question referred is :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in including the sum of Rs, 3,600 as agricultural income in the assessment of the Hindu undivided family represented by its karta, S. A. Ramaraj ?'The assessee is a Hindu undivided family and its income for the assessment year 1964-65 with which we are concerned in this case consists of income from its own lands and income received from registered firm of which the family was a partner. Shri S. A. Ramaraj, the karta of the family also received an income of Rs. 3,600 as remuneration as managing partner of one of the said firms. It is not disputed that this sum of Rs. 3,600 would be the income of the Hindu undivided family. The only question is whether it is agricultural income or non-...
Lekshmikutty Amma Vs. Bathu Kudimi Mathu
Court: Kerala
Decided on: Aug-14-1968
Reported in: AIR1969Ker234
Balakrishna Eradi, J.1. The revision petitioner is the decree-holder in O. S. No. 402 of 1961 on the file of the Munsiff's Court, Cochin. He obtained the decree for sale of the suit property in enforcement of a mortgage dated 7-1-1124 executed in his favour by the respondent herein. The mortgage had been executed to secure the balance of the sale consideration due by the mortgagor (respondent) to the mortgagee (petitioner) under an assignment deed of even date respecting the plaint property itself.2. When the decree-holder took steps to execute the decree, the judgment-debtor (respondent herein) filed an application under Section 7 of the Kerala Agriculturists Debt Relief Act. 1958, Act 31 of 1958 (hereinafter referred to at the Act) praying that the decree should be amended in accordance with the provisions of the Act on the ground that he was an agriculturist entitled to the benefits of the Act. The application was opposed by the decree-holder who contended that the liability under t...
Commissioner of Income-tax Vs. Veeriah Reddiar
Court: Kerala
Decided on: Aug-14-1968
Reported in: [1969]73ITR162(Ker)
Narayana Pillai, J.1. This is a reference under Section 66(2) of the Income-tax Act, 1922. The assessment year concerned is 1959-60 and the accounting year, the Malayalam year 1133 M.E. The question referred is: ' Whether, on the facts and in the circumstances of the case, the Tribunal was correct in allowing interest payment of Rs. 66,644 by the assessee-firm to one of its partners, S. Veeriah Reddiar, in the assessment of the firm for the year 1959-60.2. The assessee is a firm doing business in textile goods at Alleppey. One of the partners of the firm is S. Veeriah Reddiar. Previously the firm had business in Bombay also which was mainly for purchasing goods there for trade at Alleppey. The business at Bombay was found to be a losing concern. By an agreement entered into between the partners on July 15, 1957, the partnership was dissolved in respect of the business at Bombay and S. Veeriah Reddiar became the sole proprietor of that business. During the relevant accounting period the...
Sreedharan Nair Vs. Sanku Sreedharan and ors.
Court: Kerala
Decided on: Aug-09-1968
Reported in: (1969)ILLJ627Ker
ORDERV.R. Krishna Ayyar, J.1. The failure to take a closer look at the law toy counsel at the earlier stages of a case, particularly when the application of the law depends on determination of question of fact, is almost decisive of the fate of a case in many instances. The present revision petition is perhaps, an instance in point; for, out of three points raised., two are pure questions of fact and have been concurrently negatived by the original and appellate authorities and the third, which is a question of law affecting jurisdiction but turning on factual findings has not been considered by either tribunal at the lower level obviously because it has not been raised before them. May be-I am inclined to think, clearly because-there is no merit or point on the facts.2. The revision-petitioner is the opposite party before the Payment of Wages Authority, being the contractor of toddy shop No. 28 in Pampadi village under whom the respondents tappers, had been employed. The claim put for...
Kaniyankandiyil Kunhiraman Nambiar Vs. Pairu Kurup of Mannukandiyil Ta ...
Court: Kerala
Decided on: Aug-06-1968
Reported in: AIR1970Ker16
Krishnamoorthy Iyer, J.1. The second appeal filed by the 4th defendant arises out of a suit instituted by the plaintiff for redemption of Ext. A1 dated 2-2-1936 executed by the karanavan and the three senior anandiravans of the Valia Pathirikot tarwad in favour of the first defendant and for recovery of possession of the plaint properties. Ext. A2 is the marupat of the same date executed by the first defendant in favour of the executants of Ext. A-1. The plaintiff is the Court auction-purchaser of the rights of Valia Pathirikot tarwad under Ext. A-3, sale certificate in O. S. 513 of 1929 on the file of the Munsiff's Court, Payyoli. The suit was instituted in 1953 when the Malabar Tenancy Act was in force. In view of the repeal of the said enactment it is not necessary to state the contentions of the parties based on the same. The suit was decreed by the trial court after overruling the contention of the defendants that Ext.A-1 is a kanom under Act 4 of 1961. Trial Court took the view t...
Thanuvan Appukuttan Vs. P.N. Gopala Pillai and anr.
Court: Kerala
Decided on: Aug-02-1968
Reported in: AIR1969Ker183
T.S. Krishnamoorthy Iyer, J.1. This appeal by the defendant arises out of a suit for recovery of the plaint building with arrears of rent at the rate of one rupee per month from October, 1962 on the basis of an oral entrustment of the building by the plaintiff to the defendant. The land along with the plaint building was sold in revenue auction evidenced by Ext. P4 on 11-7-1116 and it was delivered to the auction-purchaser on 11-10-1116 evidenced by Ext. P5. The auction-purchaser sold his rights to Ammukutty Amma in 1122 evidenced by Ext. P6 and she in turn executed Ext. P1 sale deed in favour of the plaintiff on 27-9-1951.2. The main contention of the defendant is that the building was contructed by him and it was not sold in revenue auction. This contention was concurrently overruled by the courts below. But they disallowed the claim of the plaintiff for recovery of the building because of the finding that the defendant is a kudikidappukaran. The plaintiff's claim for arrears of rent...
Plantation Corporation of Kerala Vs. Commissioner of Agricultural Inco ...
Court: Kerala
Decided on: Aug-01-1968
Reported in: [1969]73ITR23(Ker)
Isaac, J.1. The following question of law has been referred to this court by the Kerala Agricultural Income-tax Appellate Tribunal under Section 60(1) of the Agricultural Income-tax Act, 1950, on the application of the assessee: ' Whether on the facts and circumstances of the case, depreciation and maintenance expenditure were not allowable in respect of all the buildings as claimed by the applicant instead of limiting them to buildings which were actually let out and from which rent was actually realised '2. The assessee is the Plantation Corporation of Kerala Ltd., which is a company formed for the purpose of carrying on agricultural activities. For the assessment year 1964-65 the assessee returned a net loss of Rs. 47,297. The assessee owns a number of buildings used for the occupation of its employees engaged in planting. In computing the above amount of loss the assessee showed an income of Rs. 1,669 by way of rent of buildings occupied by some of its employees and claimed a sum o...
M. N. Ramaswamy Iyer (by His Legal Representative) Vs. Commissioner of ...
Court: Kerala
Decided on: Aug-01-1968
Reported in: [1969]71ITR218(Ker)
ISAAC J. - These two references have been made by the Madras Bench of the Income-tax Appellate Tribunal under section 66(2) of the Indian Income-tax Act, 1922, as directed by this court on the application made by the assessee. The assessee is a Hindu undivided family carrying on business of banking and conducting chits. The assessees accounting year ends on 31st December; and I.T.R. No. 19 of 1967 relates to the assessment year 1958-59, while the other case relates the year 1959-60.For the assessment year 1958-59, the assessee returned a net loss of Rs. 19,302 under business. In arriving at this figure, it made a deduction of Rs. 38,193 by way of interest paid to various parties on loans. This amount included a sum of Rs. 18,525 made up as follows :Rs.1. Palghat Financing Co. (P.) Ltd.12,1482. Palghat Investment Corporation Ltd.1,8903. Narasimha Bank, Alathur4,487For the assessment year 1959-60, the assessee returned a net loss of Rs. 1,890 under business. The deductions made by the as...
- ‹ Prev
- 1
- Next ›