Kerala Court March 1991 Judgments
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Commissioner of Wealth-tax Vs. Dominic Joseph.
Court: Kerala
Decided on: Mar-08-1991
Reported in: (1992)110CTR(Ker)261; [1992]195ITR412(Ker)
K. P. RADHAKRISHNA MENON J., - The Commissioner of Wealth-tax is before us.The question referred to us for our opinion reads :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in directing the Wealth-tax Officer to value the shares held by the assessee by allowing the provision for taxation as a liability without deducting the advance tax payment ?'There is no need to state the facts because the answer to the question depends purely upon the construction of the relevant rule. However, we would refer to the relevant parts of the order from which the above question arises and pertaining to the issue. They read :'... But, we find that this very question' was considered by the Bombay High Court in a very recent decision in the case of CWT v. Pratap Bhogilal : [1987]167ITR501(Bom) , wherein the High Court had considered all the High Court decision on this point and have in favour of the assessee. Since the High Court had considered all the d...
Ebrahim Ismail Kunju and anr. Vs. Phasila Beevi
Court: Kerala
Decided on: Mar-07-1991
Reported in: AIR1991Ker385
1. Three shop rooms situate in Kayamkulam Municipality are in the occupation of tenants, Ebrahim Ismail Kunju and Abdul Sathar Kunju, as regards one, Philipose John as regards the other, and G. Krishnan Kavayyathu in respect of the third. Phasila Beevi claims to have purchased the rights over one building under a document of 1985. The landlady desired surrender of the buildings. The tenants were disinclined to surrender. The inevitable proceedings for eviction were initiated. The prominent ground projected for seeking eviction was a bona fide need, as envisaged in Section 11(3). In R.C.P. 7 of 1987, Phasila Beevi is the petitioner. It was averred by her that her husband was dependant on her, and was intending to have a wholesale business. The fact that her husband was without any employment or occupation and that he had the financial capacity for investment of funds in a business were also stated therein. The husband himself is the petitioner in R.C.P. Nos. 6 and 9 of 1987. What is pro...
T.T. Narayanan and anr. Vs. Mrs. P. Bridget and ors.
Court: Kerala
Decided on: Mar-07-1991
Reported in: II(1991)ACC120
U.L. Bhat, J.1. U. Vincent, aged 51 years was working as headmaster of an aided lower primary school at Punnacheri. On 28.5.1983 he was plucking grass near a well situated a few yards away from the public road. Stage carriage bus K.L.C. 7647 belonging to first appellant herein and driven by the second respondent in the claim petition came along the road at an excessively high speed, went off the road into the field and dashed against vincent causing fatal injuries. Second appellant is the insurer of the stage carriage bus. widow and ten children of the deceased Tiled a petition before the M.A.C. Tribunal. Thalasseri claiming Rs. 3 lakhs as compensation. The claim was opposed on several grounds but was allowed to the extent of Rs. 1,28,688/- with interest and proportionate costs. Insurer has been directed to pay the entire amount. The owner and insurer of the stage carriage bus have filed the appeal.2. Learned Counsel for the appellants has urged only two contentions before us. First is...
Commissioner of Income-tax Vs. Kil Kotagiri Tea and Coffee Estates Ltd ...
Court: Kerala
Decided on: Mar-05-1991
Reported in: [1991]191ITR283(Ker)
K.S. Paripoornan, J.1. At the instance of the Revenue, this court in O.P. No. 10928 of 1987 and 10703 of 1987 (see : [1989]177ITR458(Ker) ) directed the Income-tax Appellate Tribual (in short, 'the Tribunal') to refer 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 was right in law in holding that the entire development allowance reserve should be included in the computation of the capital ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the entire dividend income was to be excluded from the income assessed under Rule 1(viii) of the First Schedule ?' 2. The respondent is a public limited company owning tea and coffee estates. We are concerned with the assessment years 1977-78 and 1978-79. The accounting period ended by March 31, 1977 and March 31, 1978 respectively. Both the assessments relate to the surtax assessment for the two a...
Commissioner of Income-tax Vs. M. Sreedharan
Court: Kerala
Decided on: Mar-05-1991
Reported in: [1991]190ITR604(Ker)
K.S. Paripoornan, J. 1. These are connected cases. At the instance of the Revenue, the Income-tax Appellate Tribunal (in short, 'the Tribunal') has referred the following two questions of law for the decision of this court in the above cases :'1. Whether, on the facts and in the circumstances of the case and on an interpretation of Section 129 of the Income-tax Act, the Tribunal is right in interfering with the penalty order by confirming the order of the Appellate Assistant Commissioner ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee cannot be deemed to have declined to avail of the opportunity by demanding to have a rehearing or reopening of the case, nor could he be deemed to have waived it ?' 2. The same assessee is the respondent in all the four referred cases. Common questions arise for consideration in the connected cases. They relate to the assessment years 1973-74, 1974-75 and 1975-76. The respondent is an as...
M. K. Stephen (Deceased) and Others Vs. Commissioner of Gift-tax.
Court: Kerala
Decided on: Mar-02-1991
Reported in: (1992)97CTR(Ker)120; [1992]195ITR192(Ker)
K. P. RADHAKRISHNA MENON J. - The assessee is before us.The questions referred for our opinion read as under :'A. What is the proper interpretation of the gift deed dated March 21, 1970, executed by the assessee in favour of his four children ?B. Was the Appellate Tribunal justified in law in holding that, for the purposes of section 5(1)(xii) of the Gift-tax Act, where the donor expresses a desire that the income be utilised for education, it is a circumstance of the case to which regard had to be paid to determine the quantum eligible for exemption, and that it is different from other cases there is no such wish expressed ?C. Is the income estimated of the gifted properties at Rs. 6,000 per annum based on any material ?D. Was the appellate Tribunal justified in law in holding that only a sum of Rs. 21,500 out of the corpus of the gift need be exempted in the instant case ?'Facts relevant and requisite to decide these issues lie in a narrow compass. The assessee made a gift of 27.75 a...
The Dhanalakshmi Bank Ltd. Vs. K.K. Jose Alias Jose Mohan and ors.
Court: Kerala
Decided on: Mar-01-1991
Reported in: AIR1991Ker388
K.P. Balanarayana Marar, J.1. Plaintiff in a suit for realisation of money is the appellant.2. The suit O. S. 595/81 before Sub Court, Ernakulam was filed by plaintiff for realisation of an amount of Rs. 17,427.77 due from defendant under a key loan transaction. A promissory note was executed by defendant on 11-12-1978 for Rs. 12,000/- and an Instrument of pledge of goods was also executed on the same day. The balance amount due was not paid in spite of a registered notice and hence the suit.3. Defendant admitted the execution of the promissory note and the instrument of pledge, but contended that he had not received any consideration for the promissory note and that the documents were executed at the instance of the bank officials. He contended that the key loan transaction was entered into at the time of closure of a gift scheme sponsored by the plaintiff bank known as 'Grihalakshmy Gift Scheme' as part of plaintiff's deposit mobilisation scheme. The washing machines pledged with the...
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