Kerala Court January 1989 Judgments
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Ashok Textiles Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Jan-24-1989
Reported in: [1989]178ITR94(Ker)
K.A. Nayar, J.1. The income-tax referred case is at the instance of the assessee, arising out of the appellate order in I. T. A. No. 330 (Coch) of 1979. The question referred is :'Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that the sum of Rs. 15,369.84 being the excess amount paid due to fluctuation in rate of exchange was not allowable as revenue expenditure in computing the income of the applicant for the assessment year 1975-76 ?'2. The assessee had purchased certain machinery from C. Itch & Co. Ltd., Osaka, on a deferred payment scheme. On account of fluctuations in the exchange rate, the assessee had to pay during the relevant assessment year more in terms of rupees than was originally contemplated under the agreement as the payment happened to be made under the agreement in terms of Yen. Such excess payment made in the accounting year amounted to Rs. 15,369.84. This was claimed as revenue expenditure. The Income-tax Officer disal...
Kalpaka Films Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Jan-24-1989
Reported in: [1989]717ITR414(Ker)
K.A. Nayar, J. 1. This petition is under Section 256(2) of the Income-tax Act, 1961, filed by the assessee. The assessee-firm is engaged in the business of distribution of cinema films. As per an agreement dated October 4, 1977, the assessee advanced Rs. 3,85,000 by way of deposit, to the producers. By Clause 19 of the agreement, the assessee was to be paid a commission of 25% of the net realisation of the picture and this commission had to be deducted from the monthly net realisation from the picture and thereafter the balance had to be adjusted towards the amount advanced. The picture was released in January, 1978, and the total collections up to March 31, 1978, was Rs. 2,04,050. As per the terms of the agreement, the assessee would have appropriated 25% of the amounts as commission but the assessee credited the entire amount to the account of the producer to whom Rs. 3,85,000 had been advanced. It was contended before the Income-tax Officer that as the total realisation from the fil...
Commissioner of Income-tax Vs. Poyilakada Fisheries Pvt. Ltd.
Court: Kerala
Decided on: Jan-23-1989
Reported in: [1992]196ITR722(Ker)
K.S. Pakipoornan, J. 1. The Revenue is the petitioner herein. The respondent herein is an assessee to income-tax. We are concerned with the assessment year 1979-80. The assessee-company is engaged in the purchase and export of processed fish and selling the same. Processing of fish, freezing the same and allied activities are carried on. It is also a dealer in diesel and other lubricants. The assessee put forward the plea that it is entitled to deduction under Section 80J of the Income-tax Act, 1961, on the ground that it is an industrial company. The Income-tax Officer, by order dated August 30, 1982, negatived the said plea. In appeal, the Appellate Assistant Commissioner, by order dated March 19, 1983, upheld the plea of the assessee. In second appeal, the Income-tax Appellate Tribunal, by its order dated November 25, 1985, concurred with the Commissioner of Income-tax (Appeals) by placing reliance on the decision of the Special Bench in the assessee's own case in I. T. A. No. 35/ (...
Commissioner of Income-tax Vs. Kumaran and Co.
Court: Kerala
Decided on: Jan-23-1989
Reported in: (1989)76CTR(Ker)88; [1989]177ITR436(Ker)
K. S. PARIPOORNAN J. - The Revenue is the petitioner herein. The respondent assessee is a firm. It is an abkari contractor. The matter relates to the assessment year 1982-83. Amounts of Rs. 13,65,487 and Rs. 1,14,321 were debited in the profit and loss account, being the kist payable and the interest thereon, respectively, for the assessment year 1982-83. The full amount of kist was not paid by the assessee. There were litigations regarding the amount of kist, interest and the process of recovery proceedings. The matter came up before this court in Issac v. Assistant Excise Commissioner [1984] KLT 88. The Income-tax Officer disallowed the amount of kist and interest mentioned above and added back the same to the total income of the assessee. In appeal, the Commissioner of Income-tax (Appeals) held that at least the sums of Rs. 6,83,250 and Rs. 1,12,990 towards kist and interest would be admissible deductions. In further appeal, by the respondent/assessee, the Appellate Tribunal held th...
S. Krishna Bhatt Vs. State Bank of India and ors.
Court: Kerala
Decided on: Jan-19-1989
Reported in: [1992]73CompCas343(Ker)
K.P. Radhakrishna Menon, J.1. The revision petitioner is the petitioner herein. He has prayed for review of the order dated December 13, 1988, dismissing the C. R. P.2. Facts relevant and requisite to consider the questions involved in the case lie in a narrow compass. The first respondent, the State Bank of India, obtained a decree against the second respondent for a sum of Rs. 1,40,000.To execute the decree, the bank filed E. P. No. 177 of 1986. The bank immediately, thereafter, filed E. A. No. 165 of 1987, impleading not only the judgment-debtor but also the petitioner herein and the third respondent, Corporation Bank, as respondents, under Order 21, Rules 43 and 46, Civil Procedure Code and sought for an order prohibiting the third respondent from giving away the amount of Rs. 10,858.70 credited in the account of the second respondent. It is relevant in this context, to bear in mind the specific case of the bank that this amount Rs. 10,858.70 forms part of the amounts misappropriat...
Commissioner of Income-tax Vs. Heaveacrumb Rubber (P.) Ltd.
Court: Kerala
Decided on: Jan-19-1989
Reported in: [1989]179ITR259(Ker)
K.A. Nayar, J.1. These income-tax referred cases arise out of the appellate order of the Income-tax Appellate Tribunal for the assessment years 1975-76 and 1976-77 in I.T.A. No. 558 (Coch) of 1978-79, I.T.A. No. 567 (Coch) of 1978-79 and I.T.A. No. 319 (Coch) of 1979. The appeal in I.T.A. No. 558 (Cochin) of 1978-79 was by the assessee and the other two by the Revenue before the Tribunal. Application No. R. A. 281 (Coch) of 1981 arises out of I.T.A. No. 558 of 1978-79 and R. A. No. 282 (Coch) of 1981 arises out of I.T.A. No. 567 of 1978-79 whereas R.A. No. 283 (Coch) of 1981 is from I.T.A. No. 319 (Coch) of 1979. The facts as disclosed from the statement of case are as under :The assessee is running a rubber factory and claimed depreciation, extra shift allowance and development rebate, among other items, on water supply system and miscellaneous equipment as under : Water supply system Rs. 74,699Miscellaneous equipment Rs. 5,9772. The assessee claimed depreciation on these items at the...
Commissioner of Gift-tax Vs. G. Lakshmana Sarma
Court: Kerala
Decided on: Jan-19-1989
Reported in: [1989]178ITR211(Ker)
K.S. Paripoornan, J.1. The Revenue is the petitioner. The respondent was assessed to gift-tax for the year 1978-79. The respondent had filed the gift-tax return on July 28, 1978, declaring the value of taxable gift in respect of 72.1 cents of land at Rs. 38,260. It was noticed that the respondent had transferred at cost his shares in Kanthimathy Plantations Ltd. to some of his relatives. The Gift-tax Officer held that the transfer was otherwise than for adequate consideration and assessed it to gift-tax, determining the value of the gift at Rs. 2,77,200. The plea of the assessee (respondent) that the shares were purchased on behalf of the persons to whom the shares were transferred and the shares were transferred in their names when the latter obtained funds and recouped the assessee and so there was no element of gift was rejected. The assessment order was confirmed in appeal by the Commissioner of Gift-tax (Appeals). In second appeal, the Appellate Tribunal held that the shares were ...
K. Narayanan Vs. K. Sreedevi
Court: Kerala
Decided on: Jan-18-1989
Reported in: AIR1990Ker151
Varghese Kalliath, J. 1. This appeal arises from an Original Petition. The husband is the appellant. He wanted divorce under Sections 13 and 13A of the Hindu Marriage Act. The grounds alleged are desertion arid cruelly. The courts below considered the evidence adduced in the case by the husband and wife and came to a conclusion that the husband failed to establish both grounds. The petition was dismissed. The husband appeals.2. The facts necessary for the decision of this appeal are these : The marriage between the appellant and the respondent was on 6-11-1978. The appellant-husband is in the military service. After the marriage since his leave expired, he left his native village on 15-11-1978. From 6-11-1978 to 15-11-1978 the husband and wife were living together. When the husband left his house he instructed his wife to be in his house and that she should take care of his ailing mother. According to the husband even though strict instructions were given by the husband the wife did no...
K.K.V. Venugopalan Vs. R.T.A., Cannanore and ors.
Court: Kerala
Decided on: Jan-18-1989
Reported in: AIR1989Ker218
ORDERT.L. Viswanatha Iyer, J. 1. The petitioner is an existingstage carriage operator on the routePayyannur S. S. Temple Gurukkanmarkavu. It is a medium route.Pursuant to the invitation for applications forgrant of regular permit on the route, issuedunder Section 57(2) of the Motor Vehicles Act,1939 (the Act), the petitioner, respondents 4and 5 and two others applied. It was stated inthe notification that the Secretary to theRegional Transport Authority (RTA) willreceive applications submitted within thirty days of publication thereof in the gazette. This notification was published in the Kerala Gazelle dt. May 20, 1986. The five applications received were notified under Section 57(2) of the Act in the Kerala Gazelle dt. Aug. 26, 1986 calling for representations, if any. Brief particulars of the five applicants were given, and it was noted that the applications of respondents 4 and 5 were belated, having been made on June 20, 1986. A copy of this notification is Ext. P1. Petitioner mad...
Commissioner of Income-tax Vs. Aluminium Industries Ltd.
Court: Kerala
Decided on: Jan-18-1989
Reported in: [1990]182ITR172(Ker)
K.S. Paripoornan, J.1. The Revenue is the applicant in this case. The respondent-company is an assessee to income-tax. We are concerned with the assessment year 1976-77. The respondent is carrying on a business in the manufacture of conductors, switch gears and machinery. It claimed weighted deduction of 50% of Rs. 1,62,924 under Section 35B of the Income-tax Act. The expenses were incurred for maintenance of an export house at Ernakulam. The claim was disallowed by the Income-tax Officer. The Commissioner of Income-tax (Appeals) concurred with the said decision. In further appeal, the Income-tax Appellate Tribunal relied upon the decision of the Special Bench of the Tribunal in J. Hemchand and Co.'s case and held that the whole expenditure incurred in the office of the export house is relatable to Clauses (i), (iv), (v) and (vi) of Section 35B of the Act and so the relief in respect of that expenditure to the extent of 50% of Rs. 1,62,924 by way of weighted deduction is allowable. The...
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