Kerala Court November 1980 Judgments
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Joseph Mathew and Brothers Vs. State of Kerala
Court: Kerala
Decided on: Nov-14-1980
Reported in: [1982]49STC25(Ker)
V. Balakrishna Eradi, C.J.1. These four connected revision petitions have been filed by the same assessee and they arise out of assessments to sales tax made against the assessee-firm for the years 1972-73 to 1975-76 (inclusive). T. R. C. No. 191 of 1979 relates to the assessment year 1972-73. T. R. C. No. 189 of 1979 relates to the assessment year 1973-74. T. R. C. Nos. 190 and 192 of 1979 pertain to the assessment years 1974-75 and 1975-76 respectively.2. For the assessment years 1972-73 and 1973-74 the assessments had been originally completed determining the taxable turnover at Rs. 34,062.12 and Rs. 70,587.32 respectively. Subsequently the assessing authority reopened the assessments for these two years in purported exercise of its powers under Section 19 of the Kerala General Sales Tax Act (for short 'the Act'), on the basis that certain transactions amounting to Rs. 6,94,560 and Rs. 13,03,760 respectively had escaped assessment in respect of those two years. The reopening of the ...
Thirumbadi Rubber Co. Ltd. Vs. Commissioner of Agricultural Income-tax
Court: Kerala
Decided on: Nov-10-1980
Reported in: [1982]135ITR540(Ker)
Balakrishna Eradi, C.J. 1. The Kerala Agricultural Income-tax Appellate Tribunal, Additional Bench, Kozhikode, hereinafter called 'the Tribunal', has referred to this court the following two questions of law as arising out of its order dated June 29, 1978, in A.I.T.A. Nos. 189 to 194. and 270 of 1974. The questions of law are: '1. Was the Tribunal justified in rejecting the claim for deduction of the expenses for stock exchange listing fee in the assessment years 1965-66 to 1969-70, loss on sale of assets in the assessment years 1966-67 and 1967-68, provision for bad debts in the year 1969-70 and value of tools rejected and written off in the assessment year 1965-66. Were not these items incidental or ancillary to the agricultural activity carried on by the appellant-company and derivation of income 2. Whether the finding of the Tribunal that the bridge was a capital asset and that the contribution made for its construction was for the acquisition of a capital asset justified in law a...
CochIn Malabar Estates and Industries Ltd. Vs. Commissioner of Agricul ...
Court: Kerala
Decided on: Nov-10-1980
Reported in: [1982]135ITR536(Ker)
Balakrishna EradI,C.J. 1. The Kerala Agricultural Income-tax Appellate Tribunal, Additional Bench, Kozhikode (hereinafter called 'the Tribunal') has made these two references to this court under Section 60 of the Agricultural Income-tax Act, for short 'the Act'. I.T.R. No. 87 of 1979 is a reference made at the instance of the assessee and I.T.R. No. 88 of 1979 is a reference made at the instance of the revenue. The questions of law referred are said to arise out of the common order passed by the Tribunal disposing of A.I.T.A. Nos. 200 to 204 of 1974, filed by the assessee, in relation to the assessment years 1957-58 to 1960-61. The assessee is a company owning rubber plantations in the State. In the assessment proceedings taken against it for the aforementioned assessment years. the company put forward claims for deduction in respect of, (A) loss incurred by it in the sale of certain assets such as old machinery, tools and furniture ; (B) the amounts expended by it by way of stock exch...
Commissioner of Income-tax Vs. Varkey Chacko
Court: Kerala
Decided on: Nov-07-1980
Reported in: (1981)21CTR(Ker)334; [1982]136ITR733(Ker)
Balakrishna Eradi, C.J. 1. The Income-tax Appellate Tribunal, Cochin Bench (hereinafter called 'the Tribunal'), has referred to this court under Section 256(2) of the I.T. Act, 1961 (for short 'the Act'), the following question of law pursuant to the order dated 31st May, 1977, passed by this court in O. P. No. 887 of 1977, filed by the Commissioner of Income-tax :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that the Income-tax Officer had no jurisdiction to levy the penalty and that he should have referred the case to the Inspecting Assistant Commissioner for imposition of penalty ?'2. For the assessment year 1968-69, the relevant accounting period in respect of which was the year that ended on March 31, 1968, the assessee had filed his return on April 16, 1970. The assessment was completed bythe ITO on March 27, 1972, and on the same date itself the ITO initiated penalty proceedings against the assessee on t...
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