Kerala Court September 1989 Judgments
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Commissioner of Income-tax Vs. Merchandisers (P.) Ltd.
Court: Kerala
Decided on: Sep-25-1989
Reported in: [1990]182ITR107(Ker)
K.S. Paripoornan, J. 1. At the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following two questions of law for the decision of this court:'1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the amount of Rs. 38,300 received bythe assessee as a consideration for vacating the business premises which was taken on rent by it, is not relatable to the business activity carried on by the assessee and not allowable as revenue receipt ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that no capital gains resulted and no tax on capital gains can be levied in the present case ?' 2. The respondent-assessee is a private limited company. We are concerned with the assessment year 1978-79. During the relevant previous year, the assessee stopped its business and vacated the business premises which it had taken on rent in 1966. It received a sum of Rs. 38,300 from the...
Commissioner of Income-tax Vs. C.L. Anand
Court: Kerala
Decided on: Sep-22-1989
Reported in: [1990]182ITR30(Ker)
K.A. Nayar, J.1. The question for consideration in I. T. R. No. 310 of 1985 is that when the karta of a Hindu undivided family is a partner in a firm along with his wife, whether the wife's share income from the firm could be assessed in the hands of her husband in his individual capacity. The same question arose for consideration in I. T. R. Nos. 309 and 311 of 1985 as well. But, in those cases, the original assessments made on the assessee for the assessment years 1971-72 and 1974-75 were reopened under Section 147(a) of the Income-tax Act, 1961, on the ground that the share income of the wife from the partnership in which the assessee was a partner representing the Hindu undivided family has not been disclosed, The completed assessments of the same assessee for the assessment years 1970-71 and 1972-73 were also reopened on an earlier occasion under Section 147(a) of the Act on the ground that the assessee had not disclosed the share income of his wife from the partnership business i...
K.P. Sadanandan Vs. the State
Court: Kerala
Decided on: Sep-22-1989
Reported in: 1990CriLJ31
S. Padmanabhan, J.1. Certain interesting questions of law arise in this appeal filed by the sole accused against his convicion and sentence. P. W. 4, Circle Inspector of Police, , Economic Wing, searched the rice mill of the j appellant suspecting storage of undeclared rice illegally transported from the Food Corporation of India godown. That was at 11 p.m. on 12-4-1988. The huge stock found was seized. Case was registered only for the contravention of Clause 3 of the Kerala Paddy j and Rice (Declaration and Requisitioning of j Stock) Order, 1966 (for short, 'Paddy & Rice Order'), which involves only omission to it' declare stock of paddy or rice for which there is a period of three days. The contention of the appellant was that the rice was delivered the same day at 4 p.m. by 'Santhosh Traders' for return after cleaning and hulling under Ext. D1 delivery note and seizure was in the process of so doing. Accepting this contention on the basis of materials collected by investigation the ...
Samogiri Pvt. Ltd. Vs. Agricultural Income-tax Officer and anr.
Court: Kerala
Decided on: Sep-20-1989
Reported in: [1990]181ITR532(Ker)
K.P. Radhakrishna Menon, J.1. The assessee is the petitioner. The year of assessment is 1981-82.2. Failure to pay the tax in accordance with Sub-section (1) of Section 17A of the Kerala Agricultural Income-tax Act (for short 'the Act'), resulted in the assessing authority issuing exhibit P-2 order directing the petitioner to pay a sum of Rs. 1,30,100 as penalty. The operative portion of the order reads :'A sum of Rs. 1,30,100 (Rs. One lakh thirty thousand and one hundred only) is imposed as penalty under Section 17A(3) for the default in payment of admitted tax for the period from June 1, 1981, to February 28, 1987, at the rate of 2 per cent. (per month) on Rs. 94,275.50.'3. Facts relevant and requisite to dispose of the dispute arising for consideration lie in a narrow compass. The return for the assessment year was filed on December 4, 1986. The admitted tax was paid on February 28, 1987. The period of default in paying the admitted tax before filing the return as contemplated under ...
V.C. Ganeshan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-20-1989
Reported in: [1990]77STC294(Ker)
K. P. Radhakrishna Menon, J.1. The questions arising for consideration in these original petitions are identical and therefore they are disposed of by a common judgment.2. The petitioners purchased the goods in dispute from the Pondicherry Distilleries, Pondicherry, as per exhibit P7. These goods were being transported from Pondicherry, to Mane in a vehicle. The vehicle carrying the goods has to pass through Karnataka State and State of Kerala. When the vehicle reached the check post at Kootupuzha, the Inspector at the check-post detained the goods and issued the notice contemplated under Section 29A(2) of the Kerala General Sales Tax Act, 1963. The defect noted in the notice is 'the declaration in form 27B has not been signed by the consignor. Evasion of tax suspected'.3. The goods detained by the authorities, however, were released later pursuant to the directions issued by this Court.4. Rule 36(13)(c) of the Kerala General Sales Tax Rules prescribes that the declaration referred to ...
Commissioner of Income-tax Vs. Cherupushpam Hospital Trust
Court: Kerala
Decided on: Sep-19-1989
Reported in: [1990]181ITR512(Ker)
K.S. Paripoornan, J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal (in short, 'the Tribunal') has referred the following question of law for the decision of this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in holding that the assessee is entitled to exemption under Section 11 of the Income-tax Act, 1961 ?' 2. The respondent (assessee) is a charitable trust. It was formed as per deed dated January 30, 1970. As the name itself indicates, its object was for affording medical relief to the poor by establishing hospitals, nursing schools, etc. The Income-tax Officer, construing the trust deed, held that since the trustees were carrying on a business in textiles, for the purpose of financing the construction of a hospital at Palai in a land taken on lease, it is pursuing an activity of general public utility and so the assessee did not qualify for exemption under Section 11 of the Income-tax Act. In appe...
Appu Vs. State of Kerala
Court: Kerala
Decided on: Sep-19-1989
Reported in: 1990CriLJ36
Pareed Pillay, J.1. First accused in S.C. 13 of 1986 of the Sessions Court, Kalpattt, is the appellant. He was tried along with A-2 to A-4 under Sections 120-B, 397 and 302 read with Section 34 of the I.P.C. A-1 was found guilty under Section 302 of the I.P.C. and was sentenced to undergo imprisonment for life. A-2 to A-4 were acquitted.2. The prosecution case is that A-1 to A-4 in furtherance of their common intention to commit robbery of the amount with Joseph alias Vava (deceased) followed him while he was going to his house after closing his rationshop and assaulted him causing his death. P.W. 1 went to the Police Station and lodged Ext. P1 first information statement. P.W. 33 investigated the case and charge sheeted the accused.3. Prosecution mainly relies on the oral dying declaration of the deceased as spoker to by P. Ws. 1 to 3. Prosecution also relies on the recovery evidence. P.W. 3 stated that on 24-10-1985 while he was in his shop he saw Joseph with bleeding injuries coming...
Commissioner of Income-tax Vs. South India Corporation (P.) Ltd.
Court: Kerala
Decided on: Sep-19-1989
Reported in: [1990]183ITR361(Ker); [1990]53TAXMAN138(Ker)
K. S. PARIPOORNAN J. - At the instance of the Revenue, the Income-tax Appellate Tribunal (in short,'the Tribunal') has referred the following questions of law for the decision of this court:'(1) Whether, on the facts and in the circumstances of the case, the capital gains realised by the assessee should be treated as commercial profits for the purpose of application of section 104?'(2) Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that consolidating its business in other fields are the necessities of the business and are not the above findings (also views) wrong and without being considered/without any evidence of being considered by the directors?'The respondent (assessee) is a private limited company. We are concerned with the assessment year 1974-75. The previous year ended on March 31, 1974. The sole dispute between the assessee and the Revenue was with regard to the determination of the quantum of distributable income under section 10...
Teekoy Rubbers (India) Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Sep-18-1989
Reported in: [1990]181ITR387(Ker)
K.S. Paripoornan, J.1. At the instance of the assessee, the Income-tax Appellate Tribunal (in short 'the Tribunal') has referred the following questions of law for the decision of this court:'For the assessment year 1974-75 : (1) On the facts and in the circumstances of the case, was the Tribunal right in holding that the assessment was validly reopened under Section 147(b) of the Income-tax Act, 1961 ? (2) Was the Tribunal justified in its finding that the materials collected and relied upon by the assessing officer for arriving at the market value of rubber trees as on January 1, 1954, are relevant ? For the assessment year 1975-76 : (1) On the facts and in the circumstances of the case, was the Tribunal right in holding that the assessment was validly reopened under Section 147(b) of the Income-tax Act, 1961 ? (2) On the facts and in the circumstances of the case and in thelight of the facts admitted in ground No. 2 of the appeal memorandum filedbefore the Tribunal, was the Tribunal...
Commissioner of Income-tax Vs. Velimalai Rubber Co. Ltd.
Court: Kerala
Decided on: Sep-18-1989
Reported in: [1990]181ITR299(Ker)
K.S. Paripoornan, J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following questions of law for the decision of this court :'1. Whether, on the facts and in the circumstances of the case, the Hon'ble Tribunal is right in holding,-- (i) the value realised on the sale of the rubber trees would be less than the value as on January 1, 1954 ?(ii) there would be no capital gains arising on the sale of the rubber trees ? 2. Whether, on the facts and in the circumstances of the case, the manner and method of valuing rubber trees for the purpose of determining capital gains are right and justified ?'2. The respondent-company is an assessee to income-tax. We are concerned with the assessment years 1976-77 and 1977-78. The previous years ended on February 29, 1976, and February 28, 1977, respectively. The assessee is engaged in rubber plantation industry. It sold substantial unyielding rubber trees in both the years. The sale proceeds for the year 1976-77 ...
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