Kerala Court July 1987 Judgments
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Kerala Co-operative Consumers' Federation Ltd. Vs. Commissioner of Inc ...
Court: Kerala
Decided on: Jul-15-1987
Reported in: (1988)67CTR(Ker)73; [1988]170ITR455(Ker)
K.S. Paripoornan, J.1. These three references are at the instance of the same assessee. The Revenue is the respondent in these three cases. I.T.R. No. 97 of 1982 relates to the assessment year 1976-77. I.T.R. No. 143 of 1984 relates to the year 1975-76 and 144 of 1984 relates to the year 1978-79. The question referred in all these three cases is substantially similar. We shall extract the question referred for our decision in I.T.R. No. 97 of 1982 :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in holding that the credit sales to the tune of Rs. 5,43,084 to the members of the assessee-society will not come under Section 80P(2)(a)(i) of the Income-tax Act and hence the exemption claimed by the assessee is not sustainable in law ?'2. The credit sales for the year 1975-76 is to the tune of Rs. 4,55,885 and for the year 1978-79, it amounts to Rs. 3,93,396.3. The assessee (applicant) in these cases is an apex co-operative society, registered und...
Commissioner of Income-tax Vs. Trivandrum Club
Court: Kerala
Decided on: Jul-14-1987
Reported in: [1989]177ITR550(Ker)
Paripoornan, J.1. The Revenue is the petitioner herein. The respondent is a voluntary club. The matter relates to the assessment year 1974-75. The respondent claimed exemption of the income on the doctrine of mutuality. The Income-tax Officer rejected the plea. He held that the rules and bye-laws of the club enabled it to allow non-members to enjoy the facilities of the club. In appeal, the Commissioner of Income-tax referred to the statement of the secretary of the club to the effect that the club had not allowed any person other than a member to occupy the club during the year ending December 31, 1973, and so the facilities available in the club were used exclusively by the members. It was held that the club is entitled to exemption. In further appeal, the Appellate Tribunal held that the Commissioner of Income-tax (Appeals) was justified in relying on the statement of the secretary and on that basis it was held that during the relevant period no non-member was allowed to occupy any ...
Commissioner of Income-tax Vs. Nirmala Liquors
Court: Kerala
Decided on: Jul-14-1987
Reported in: (1988)71CTR(Ker)161; [1988]173ITR525(Ker)
K.S. Paripoornan, J.1. The Revenue is the petitioner herein. The respondent is a firm, an assessee to income-tax. The firm contains 14 partners. We are concerned with the assessment year 1979-80. The assessee declared a total income of Rs. 68,690. The return was rejected. The Income-tax Officer took elaborate evidence and added a sum of Rs. 6,43,380 to the admitted income. In appeal, the Commissioner of Income-tax (Appeals) sustained the addition to the extent of Rs. 3.5 lakhs and deleted the balance. In the second appeal, the Appellate Tribunal upheld the rejection of accounts. It was also held that an estimate of the income was called for. But, the Tribunal estimated the income at Rs. 1,41,000. The Revenue filed an application under Section 256(1) of the Income-tax Act praying that a few questions of law which arose out of the order of the Appellate Tribunal dated August 24, 1984, may be referred to this court. It was rejected by order dated January 15, 1985. Thereafter, the Revenue ...
Commissioner of Income-tax Vs. Chackola Spinning Mills Ltd.
Court: Kerala
Decided on: Jul-14-1987
Reported in: [1988]170ITR440(Ker)
K. Sreedharan, J. 1. At the instance of the Revenue, the following two questions of law have been referred for the opinion of this court by the Income-tax Appellate Tribunal, Cochin Bench :'(1) Whether, on the facts and in the circumstances of the case, the manner and method of computation of incremental liability for gratuity by the Tribunal are right in law ?(2) Whether, on the facts and in the circumstances of the case, the assessee is entitled to the deduction of the incremental liability for the assessment years '2. The assessment years with which we are concerned are 1974-75 and 1975-76. The assessee filed returns for the above assessment yearsclaiming deduction of Rs. 15,76,941 and Rs. 6,81,781, respectively, being the provision made for payment of gratuity in accordance with the provisions of the Payment of Gratuity Act, 1972. For the year 1975-76, a revised return was filed restricting the claim to Rs. 3,65,608 after excluding future increments of the employees from computatio...
Deputy Commissioner of Sales Tax Vs. Dr. Paran's Dental Laboratories
Court: Kerala
Decided on: Jul-14-1987
Reported in: [1987]67STC249(Ker)
K.S. Paripoornan, J.1. The Revenue is the petitioner. The respondent is an assessee under the Kerala General Sales Tax Act (in short, the Act). The matter relates to the assessment year 1978-79. The respondent received a sum of Rs. 36,966 towards ''teeth setting' done to their patients. Notwithstanding the objections of the assessee, the said sum was brought to tax by the assessing authority. In appeal, the Appellate Assistant Commissioner held that the amount realised towards teeth setting charges is not a transaction of sale of goods and directed exclusion of the same from the taxable turnover. The Revenue took up the matter in appeal before the Appellate Tribunal. Reliance was placed on the decision in John Mathew Bros. v. State of Kerala [1978] 42 STC 140 (Ker). The Appellate Tribunal concurred with the decision of the Appellate Assistant Commissioner and held that the amount realised towards teeth setting charges is not a transaction of sale of goods exigible to sales tax. The Rev...
Commissioner of Wealth-tax Vs. Mrs. Sara Varghese
Court: Kerala
Decided on: Jul-13-1987
Reported in: [1988]170ITR436(Ker)
K.S. Paripoornan, J. 1. At the instance of the Revenue, the followingtwo questions of law have been referred for the decision of this court: '1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law and on facts in holding that 'agriculture itself is a business'; 'running of rubber estate is certainly business' and are not the above findings wrong and perverse 2. Whether, on the facts and in the circumstances of the case, is not the assessee exigible to additional wealth-tax ?' 2. The respondent in both these cases is an assessee to wealth-tax. She is an individual. She owns 32 acres of land. Out of the above 32 acres, 26 acres are covered by rubber plantations. In the other 6 acres, there are trees like mango, coconut, etc. There was also a building used as residence and as an office of the assessee. We are concerned with the assessment years 1973-74 and 1974-75. The Government of India by notification dated February 6, 1973, included Edappally with...
Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. K ...
Court: Kerala
Decided on: Jul-13-1987
Reported in: [1988]71STC384(Ker)
K.S. Paripoornan, J. 1. The Revenue is the petitioner herein. The respondent-assessee is a dealer in timber. We are concerned with the assessment year 1981-82. The respondent purchased timber and converted them into sizes and scantlings. The assessing authority brought to tax the purchase value of such timber under Section 5A of the Kerala General Sales Tax Act. The Appellate Tribunal, following the decision of the Supreme Court in State of Orissa v. Titaghur Paper Mills Co. Ltd. [1985] 60 STC 213 held that the purchase value of timber could not be assessed to tax in the instant case under Section 5A of the Act. The Revenue has come up in revision.2. We heard counsel for the Revenue, Mr. Nambiar. In identical circumstances, a Bench of this Court in Deputy Commissioner of Sales Tax v. Kunhalavi & Co. 1987 KLT 317 has held that the purchase value of timber cannot be brought to tax under Section 5A of the Kerala General Sales Tax Act. It was held that the sizes, scantlings, etc., of timbe...
P. Gangadhara Pillai Vs. Commissioner of Gift-tax
Court: Kerala
Decided on: Jul-10-1987
Reported in: [1988]170ITR514(Ker)
K.S. Paripoornan, J.1. The matter arises under the Gift-tax Act. The assessee is the applicant. The respondent is the Revenue. The matter relates to the assessment year 1969-70. The assessee, an individual, was having a proprietary business. On January 1, 1968, it was converted into a partnership firm. Three partners were inducted. The Gift-tax Officer held that there is a deemed gift since the right to future profits was surrendered to the extent of 70% to the incoming partners. This right was quantified by taking the average of the last four years' profit and taking two years' purchase price, amounting to Rs. 3,30,782. The assessment order is dated June 18, 1970. There was an appeal before the Appellate Assistant Commissioner. He upheld the levy of gift-tax. He entertained doubts regarding valuation. He ordered a remit on that score. There was a further appeal to the Appellate Tribunal. In the meanwhile, the Appellate Assistant Commissioner passed rectification proceedings on June 28...
K.K. Achuthan Vs. Commissioner of Gift-tax
Court: Kerala
Decided on: Jul-10-1987
Reported in: [1988]170ITR518(Ker)
K.S. Paripoornan, J.1. The Income-tax Appellate Tribunal has referred the following three questions of law for the decision of this court at the instance of the assessee : ' 1. Whether the Income-tax Appellate Tribunal was right in holding that the reduction of the applicant's share of profit in the firm amounted to a gift in favour of the partners and liable to gift-tax under the Act 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in its conclusion that the applicant was not entitled to exemption under Section 5(1)(xiv) of the Gift-tax Act 3. Whether the Appellate Tribunal was right in its conclusion that the relinquishment of profit-sharing ratio inter se partners amounted to a gift attracting gift-tax ' 2. The respondent herein is the Revenue. The short facts are the following: We are concerned with the assessment year 1974-75. The assessee (applicant) and his three sons were partners in a firm, M/s. Great Oriental Circus. The assess...
State Bank of India Vs. Viswaniryat (P.) Limited and anr.
Court: Kerala
Decided on: Jul-09-1987
Reported in: [1989]65CompCas795(Ker)
Balakrishna Menon, J.1. The principal question for decision in this appeal concerns the interpretation of Section 125 of the Companies Act, 1956. The appellant is the State Bank of India, Willingdon Island and the appeal is against the order of the court below rejecting the appellant's claim under Order XXI, Rule 58, Civil Procedure Code against the attachment of properties of the defendant before judgment. The suit is by an unsecured creditor of the defendent company for recovery of money due to the plaintiff. Pending the suit, some of the items of immovable properties belonging to the defendant company were attached on 7th July, 1982, under Order 38, Rule 3 Criminal Procedure Code. The appellant-State Bank of India filed a claim against the attachment contending that the properties attached are subject to an equitable mortgage in favour of the bank and no attachment can be effected ignoring the mortgage. The suit was decreed on 4th August, 1984, and in EP 227 of 1984, the decreeholde...
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