Kerala Court July 1996 Judgments
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Regional Director, E.S.i. Corporation Vs. T.V. Poulose
Court: Kerala
Decided on: Jul-12-1996
Reported in: (1997)ILLJ613Ker
Balasubramanyan, J. 1. In this appeal under Section 82 of the Employees' State Insurance Act, the Regional Director of the Employees' State Insurance Corporation has challenged the decision of the Employees' Insurance Court, Alleppey in I.C.No. 8 of 1985 holding that a saw mill employing more than 10 workers but less than 20 cannot be taken to be covered by the Act. The respondent is the proprietor of a saw mill which at the relevant time employed 14 persons. The authority under the Act initiated proceedings for assessing the contribution due from the respondent as the employer for the period from September 21, 1981 to January 29, 1983. After two inspections a demand was finalised and an adhoc assessment made on July 23, 1984. By that assessment a sum of Rs. 2821.95 was assessed to be the contribution payable by the respondent. The respondent refused to make the contribution on the basis of that ad-hoc assessment on the ground that he had never employed the minimum required so as to br...
Commissioner of Income-tax Vs. Dr. V.P. Gopinathan
Court: Kerala
Decided on: Jul-11-1996
Reported in: [1998]229ITR801(Ker)
V.V. Kamat, J.1. These two references are brought before us by the Revenue with regard to the same assessee, Dr. V. P. Gopinathan, but for different assessment years and they are 1981-82 and 1982-83, respectively. The questions for answer are also identical and they are as follows :'1. Whether, on the facts and in the circumstances of the case, the assessee is to be assessed on the gross amount of interest received by him on his fixed deposit or on the interest received as reduced by the amount of interest paid on the loan taken on the security of such deposit ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law and fact in holding, (i) the act of making deposit and the act of borrowing on such deposit 'cannot be viewed as representing two different transactions' ? (ii) there is thus a nexus between the deposit and the borrowing ? (iii) 'the principle of mutual dealings could be inferred' ?' 2. As per the statement of the case, the only point of...
Baby Marine Exports Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Jul-10-1996
Reported in: [1997]225ITR631(Ker)
P.A. Mohammed, J. 1. These income-tax references under Section 256(1) of the Income-tax Act, 1961 (hereinafter called 'the Act'), are coming up at the instance of the assessee, Baby Marine Exports, Quilon. The assessment years involved in these references are 1980-81, 1981-82 and 1982-83. The assessee is a partnership firm engaged in the business of export of sea foods. For the accounting years relevant to the assessment years 1980-81, 1981-82 and 1982-83, the assessee had purchased prawns and it had to pay purchase tax under the Kerala General Sales Tax Act. Therefore, the assessee-firm made a provision for Rs. 25,19,758, Rs. 24,44,046 and Rs. 36,51,036, respectively, for the aforesaid assessment years. The original assessments were completed by the Income-tax Officer respectively on October 18, 1982, December 31, 1982, and March 17, 1983, treating these provisions as allowable-deductions, However, on August 20, 1981, this court in Deputy CST v. Neroth Oil Mills Co. Ltd. [1982] 49 STC...
Commissioner of Income-tax Vs. Autokast Ltd.
Court: Kerala
Decided on: Jul-10-1996
Reported in: [1998]229ITR789(Ker)
V.V. Kamat, J.1. The question for answer is as follows :'Whether, on the facts and in the circumstances of the case, the interest income is not assessable to tax in the hands of the appellant ?'2. The Income-tax Appellate Tribunal has chosen to refer this question, as according to it there is 'a sharp cleavage of judicial opinion on the question whether such interest income earned by a company should be assessed as income from 'other sources' or it should be held to be as part of the interest amount that should be capitalised.3. In the reference order itself decisions in favour of the assessee as well as in favour of the Revenue are specified.4. The factual matrix presents no difficulty whatsoever. The assessment year is 1985-86. Shorn of all unnecessary details, we are concerned with the assessee borrowing from the Industrial Development Bank of India Ltd., Bombay, an amount of rupees three crores which was left in deposit with the State Bank of Travancore, till the assessee found it ...
Commissioner of Income-tax Vs. C.F. Johnson
Court: Kerala
Decided on: Jul-10-1996
Reported in: [1998]229ITR750(Ker)
V.V. Kamat, J.1. With regard to the assessment year 1989-90, in regard to the allegation that the assessee received and one Shri Sundaresa Pai paid an amount of Rs. 10 lakhs in addition to Rs. 2 lakhs as security deposit, the Income-tax Officer acted on the basis of the sworn affidavit of Shri Sundaresa Pai with regard to the payment made by him and acceptance thereof by the assessee in question in the matter of a lease dated February 10, 1989, of the premises covered thereby. It is a lease for a period of 20 years. With regard to the amount in question, as stated, the material was the sworn testimony in the nature of affidavit of the person who paid. The decision was affirmed by the first appellate authority observing that Rs. 2 lakhs being the amount of deposit, refundable as security deposit could not be understood as the capital gains.2. The Tribunal firstly observed that the transaction could not be understood as a transfer in law. The Tribunal further observed that the affidavit ...
T.G. Nandakumar Vs. the Arbitrator (Deputy Registrar), Directorate or ...
Court: Kerala
Decided on: Jul-09-1996
Reported in: AIR1997Ker67
Patnaik, J. 1. The short question that arises for consideration in this original petition is whether the expression 'the application shall be accompanied by a list of relevant records on which the dispute is based .......... for deciding the dispute', occurring in Rule 67 of the Kerala Cooperative Societies Rules (for short 'Cooperative Rules') casts a mandatory duty on the petitioner to file the documents as per the list along with the petition as held in Gopalakrishna Panicker v. State of Kerala, 1990 (2) Ker LT 495. The learned single Judge while interpreting that provision found that a copy of the order declaring the election was not filed along with the election petition. He held that this declaration forms the basis of the petition, and Rule 67(i) requires all annexures to be produced along with the petition. When the very basis of the election petition is not produced, along with it as required, despite the mandate contained in Sub-rule (i) of Rule 67, the petition has to fail f...
Union of India (Uoi) and ors. Vs. S.J. Pandit
Court: Kerala
Decided on: Jul-09-1996
Reported in: AIR1997Ker153
K. Sreedharan, Actg. C.J.1. Writ Appeal No. 851 /96 is at the instance of respondents in O.P. No. 8761/96. Petitioner in O.P. No. 8761/96 is the petitioner in O.P. No. 14587/95. Since the issues raised in both matters are same, we consider it advantageous to dispose of these matters by this common judgment.2. Short facts necessary for disposal of the appeal and Original Petition are as follows: Writ petitioner Shri S.J. Pandit is a subscriber of telephone Nos. 445431 and 445463 of Kayamkulam Telephone Exchange. Subscription and rent in respect of telephone No. 445431 happened to fall in arrears. As on 16-6-1996, the arrears in respect of that phone, according to the Department, is Rs. 1,11,672/-. Disputing the amount claimed by the Department for the period from 26-9-1994 to 25-11-1994, writ petitioner moved O.P. No. 17852/94. This Court directed that dispute to be referred to arbitration. Arbitrator by award dated 14-7-1995 came to the conclusion that the amount of Rupees 27,214/- cla...
Commissioner of Income-tax Vs. Late S.M. Syed Mohammed and ors.
Court: Kerala
Decided on: Jul-09-1996
Reported in: [1997]226ITR824(Ker)
V.V. Kamat, J.1. This is an application by the Revenue under Section 261 of the Income-tax Act, 1961, for a certificate of fitness for appeal to the Supreme Court. On hearing learned counsel for the Revenue as well as for the assessee and considering the judgment in regard to which the petition is made before us, we feel that this is a fit case for an appeal to the Supreme Court of India.2. The crucial question is as to whether on the facts which are crystallised both in the majority judgment as well as in the minority judgment, it could be said that there was a valid reference under Section 274(2) to the Inspecting Assistant Commissioner. The majority judgment as well as the minority judgment considered the question differently on the basis of decisions cited and considered (CIT v. Late S.M. Syed Mohamed : [1995]216ITR331(Ker) ).3. The necessary final facts for considering the application of the provisions of Section 274(2) of the Act would be that on March 30, 1976, the Income-tax Of...
Providence Estate Vs. Commissioner of Agricultural Income-tax
Court: Kerala
Decided on: Jul-08-1996
Reported in: [1998]229ITR740(Ker)
V.V. Kamat, J.1. There are two assessees, namely, Providence Estate and Shanti Estate, both of Poomulla who are concerned each with regard to the assessment years 1978-79, 1979-80, 1980-81 and 1981-82. Separate assessment orders are also available in the print in the nature of annexures A, A1, A2 and A3 on the one hand and A4, A5, A6 and A7 on the other, respectively, in regard to them.2. The two assessees expect our answer to the following two questions :'1. Whether, in the facts and circumstances of the case, the Tribunal is justified in their view that it is necessary that the instrument of partnership should have been in existence in the accounting year in respect of which assessment is being made ? 2. Whether, in the facts and circumstances of the case, registration can be granted with retrospective effect even without the existence of instrument of partnership during the relevant period in view of the provisions contained in Section 27 of the Agricultural Income-tax Act ?' The qu...
Commissioner of Income-tax Vs. Bhadra Enterprises (No. 2)
Court: Kerala
Decided on: Jul-08-1996
Reported in: [1997]228ITR717(Ker)
V.V. Kamat, J.1. Our answer to the following two questions is available from the bare reading of the impugned order of the Income-tax Appellate Tribunal, Cochin Bench, because the Tribunal has obviously misread, nay, not read, paragraph 10 of the order of the Income-tax Officer, and also the careful and cautious reasoning of the said officer affirmed by the first appellate authority ;'1. Whether, on the facts and in the circumstances of the case, was the Tribunal justified in law in finding that the Income-tax Officer did not reject the books of assessee ? 2. Whether, on the facts and in the circumstances of the case, was the Tribunal right in finding that the income of Rs. 1,12,906 determined by the Income-tax Officer in the first instance has only to he taken as the reasonable business income of the assessee for this assessment year ?'2. The assessee is concerned with the assessment year 1979-80. He conducted, five arrack shops and four toddy shops and in regard thereto returned a to...
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