Kerala Court February 1986 Judgments
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Commissioner of Income-tax Vs. Asiatic Sea Foods
Court: Kerala
Decided on: Feb-05-1986
Reported in: (1986)57CTR(Ker)248; [1986]160ITR869(Ker)
Fathima Beevi, J. 1. The question of law referred in this case by the Income-tax Appellate Tribunal, Cochin Bench, is :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that out of Rs. 2,76,182 claimed as storage expenses, the assessee was entitled to weighted deduction under Section 35B of the Income-tax Act, 1961, in respect of Rs. 1,95,818 and was disentitled to such weighted deduction only in respect of the balance of Rs. 80,364?'2. The assessee is a registered firm engaged in the business of exporting marine products. During the accounting year relevant to the assessment year 1970-71, the assessee had incurred an expenditure of Rs. 2,76,182 towards storage, handling, etc., outside India. The claim of the assessee for export markets development allowance under Section 35B of the Income-tax Act on this expenditure was disallowed by the Income-tax Officer, but allowed by the Appellate Assistant Commissioner. The expenditure was bifurcated...
Jamnadas Ramakissan Das and Co. Vs. State of Kerala
Court: Kerala
Decided on: Feb-03-1986
Reported in: [1987]64STC155(Ker)
P.C. Balakrishna Menon, J.1. These revisions at the instance of the assessee is against the common order of the Sales Tax Appellate Tribunal, Trivandrum confirming the orders of the Appellate Assistant Commissioner of Sales Tax relating to the periods 1972-73 and 1973-74. The Appellate Assistant Commissioner had with certain modifications confirmed the orders of assessment by the Sales Tax Officer for these periods.2. The assessee is a dealer in rose wood, hard wood and goods made of ivory. They effect sales locally as well as inter-State and also export rose wood and ivory articles for sale outside India. The questions raised in these revision cases relate to the validity of assessment under Section 5A of the Kerala General Sales Tax Act, 1963 in regard to (1) ivory purchased from the Travancore Devaswom Board (2) the purchase value of packing materials and (3) the, purchase value of finished articles locally purchased and exported to countries outside India. The statutory authorities...
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