Kerala Court March 1980 Judgments
Commissioner of Income-tax Vs. H.H. Marthanda Varma Elayaraja of Trava ...
Court: Kerala
Decided on: Mar-26-1980
Reported in: [1981]129ITR191(Ker)
Balakrishna Eradi, C.J. 1. In these 7 reference cases the Income-tax Appellate Tribunal, Cochin Bench (hereinafter called 'the Tribunal'), has referred to this court under Section 256(1) of the I.T. Act, 1961, hereinafter called 'the Act', the following common question of law :'Whether, on the facts and in the circumstances of the case and on an interpretation of the provisions of Section 11(1)(a) and Section 11(2) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal is right in law in holding that, in order to avail of the exemption under the said provisions, it is enough if the assessee invests in Government securities only that part of the unspent balance which is over and above 25% of the total income derived from the property held under trust?'2. The assessees in these cases are charitable trusts. The assessment years concerned in I.T.R. Nos. 5 to 8, 14 and 15 of 1977 are 1969-70 and 1970-71. In I.T.R. No. 9 of 1977 the relevant assessment year is 1970-71. The assessees ...
Tag this Judgment!Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. C ...
Court: Kerala
Decided on: Mar-20-1980
Reported in: [1980]46STC318(Ker)
V. Balakrishna Eradi, C.J.1. These three tax revision cases have been filed by the State represented by the Deputy Commissioner of Sales Tax (Law), Ernakulam, against the common order passed by the Sales Tax Appellate Tribunal (hereinafter called the Tribunal) in three appeals filed by the same assessee in respect of assessments to sales tax made for the years 1973-74, 1974-75 and 1975-76.2. The assessee is a co-operative society-Champakulam Village Service Co-operative Society, Alleppey. During the relevant assessment years, the society, as part of its business, had been dealing in various varieties of fertilisers such as rock phosphate, ultrafos, dolomite, peramphos, azo and thomas phosphate. In the retuns filed by it for the three assessment years the assessee had not included the aforementioned varieties of fertilisers in the taxable turnover on the basis that the sales effected by the assessee in respect of these goods not being the first sales within the State were not taxable in...
Tag this Judgment!Janki Vs. Govinda Shenoi
Court: Kerala
Decided on: Mar-17-1980
Reported in: AIR1980Ker218
George Vadakkel, J.1. These appeals are at the instance of the plaintiff in the suit O. S. 358 of 1971 on the file of the Munsiff's Court, Parur which gave rise to two appeals before the lower appellate court, A. S. 31 of 1974 by the defendant in the suit and A. S. 33 of 1974 by the plaintiff in the suit. By the decision of the Additional District Judge, Parur, disposing of A. S. Nos. 31 and 33 of 1974 before him, the suit filed by the appellant-plaintiff was dismissed.2. The plaintiff is the surviving widow of late Shri Ramachandra Shenoi who died on 7-5-1123. Admittedly there was another widow, Satyabhama by name, who is no more. It is not clear as to when Satyabhama died. Shri. Ramachandra Shenoi executed Ext. A-1 will on 28-4-1123 (14-12-1947). The question that arises for consideration is as to whether the plaintiff-appellant is entitled to invoke Section 14(1) of the Hindu Succession Act, 1956 in respect of Item I in Ext. A-1 will. The learned Munsiff held that she is entitled to...
Tag this Judgment!income-tax Officer Vs. Official Liquidator
Court: Kerala
Decided on: Mar-13-1980
Reported in: (1980)17CTR(Ker)272; [1982]134ITR136(Ker)
M.P. Menon, J.1. This is an appeal against the order of the official liquidatar rejecting proof of a claim raised by the I.T. department in respect of interest payable under Section 220(2) of the I.T. Act, 1961.2. The Catholic Bank of India Ltd. was ordered to be wound up on October 3, 1961. The official liquidator invited proof of claim and the list of creditors was settled and filed in court on July 5, 1962. It appears that income-tax assessment in respect of the company for the years 1955-56 to 1958-59 was completed only later. Demand notices were served on the liquidator on February 23, 1963. An additional demand for the year 1955-56 was made by notice served on February 5, 1967. The department was apparently under the wrong impression that the tax arrears would get priority under Section 530 of the Companies Act. Later, however, it moved Application Nos. 3/64 and 248/68 for varying the list of creditors, and these were allowed by the court. Affidavit of proof of the debt was thus ...
Tag this Judgment!K.G. Devassy Vs. Additional Sales Tax Officer I and ors.
Court: Kerala
Decided on: Mar-06-1980
Reported in: [1980]46STC118(Ker)
T. Kochu Thommen, J.1. The petitioner's son died in a scooter accident on 14th July, 1974. The son was a dealer under the Kerala General Sales Tax Act. The father, on the death of the son, being his legal representative, is deemed to be a dealer by virtue of Section 20 of the Kerala General Sales Tax Act, 1963 ('the Act'). In that capacity, the father was treated as a defaulter in respect of the amounts due from the deceased son and in respect of which notices of demand had been issued to the latter. The amount due as per the demand notices was Rs. 3,186.56 in respect of the final assessment for the years 1971.-72 and 1972-73 and the provisional assessment for the year 1973-74. This amount was collected from the father on 29th October, 1975. Subsequently, assessment for the year 1973-74 was finalised and exhibit P5 dated 25th October, 1976, was passed showing the balance due from the assessee as nil.2. Nevertheless, the petitioner has approached this Court for a writ of certiorari to q...
Tag this Judgment!C.P. Vijayakumar Vs. V.P. Moosa and ors.
Court: Kerala
Decided on: Mar-04-1980
Reported in: AIR1981Ker31
Balakrishna Eradi, C.J.1. These two writ appeals arise out of a common judgment rendered by a learned single Judge of this Court in two connected writ petitions O. P. No. 364 of 1980 and O. P. No. 417 of 1980 -- in both of which the prayer was for quashing the judgment rendered by the State Transport Appellate Tribunal dated 17-1-1980 in M. V. A. A. 263 of 1979. The learned single Judge set aside that judgment to the extent to which it granted a permit to the 1st respondent in O. P. No. 364 of 1980 and directed the State Transport Appellate Tribunal to consider afresh the question regarding the granting of a pucca permit in the place of the permit granted to the 7th respondent, which had not been availed of by the grantee, in accordance with law and in the light of the observations contained in the judgment of this Court. W. A. No. 66 of 1980 arises out of O. P. No. 364 of 1980 and the 1st respondent in the writ petition is the appellant. W. A. No. 67 of 1980 arises out of O. P. No. 41...
Tag this Judgment!V.A. Vasumathi Vs. Commissioner of Income-tax and anr.
Court: Kerala
Decided on: Mar-03-1980
Reported in: (1980)16CTR(Ker)381; [1980]123ITR94(Ker)
Kochu Thommen, J. 1. The Commissioner of Income-tax (the 1st respondent) by the impugned order (Ex. P-3) held that the petitioner was not entitled, in computing the capital gains, to deduct the expenditure incurred by him for the purpose of prosecuting in a civil court his claim for enhancement of the compensation. The Commissioner held that such expenditure was not incurred in connection with the transfer of a capital asset.2. Section 45 of the I.T. Act, 1961, defines capital gains as follows :' (1) Any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in Sections 53, 54, 54B, 54D and 54E be chargeable to income-tax under thehead ' Capital gains ', and shall be deemed to be the income of the previous year in which the transfer took place. '3. ' Transfer ' in relation to a capital asset, includes compulsory acquisition thereof under any law [Section 2(47) ]. Section 48 reads :' 48. Mode of computation and deduc...
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