Kerala Court August 1998 Judgments
Commissioner of Income Tax Vs. Appollo Tyres Ltd.
Court: Kerala
Decided on: Aug-29-1998
Reported in: (1998)149CTR(Ker)538
G. Sivarajan, J.:Both these cases arise from a common order of the Tribunal, Cochin Bench, in ITA No. 301/Coch/1991. The assessment year concerned is 1988-89. The relevant accounting period ended, 31st Oct., 1987. The assessee sought reference of as many as 12 questions under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for opinion of this Court. The Tribunal forwarded a statement of case dt. 30th Nov., 1993 and referred the following questions for opinion of this Court :'1. Whether, on the facts and in the circumstances of the case, the assessee-company's determination, as accepted by the Tribunal, of net profit after providing for the arrears of depreciation in the P&L; a/c of the company for the relevant accounting year was in accordance with Parts II and III of Sch. VI of the Companies Act, 1956 as required under section 115J of the Income Tax Act, 1961?(i) Whether, on the facts and in the circumstances of the case, is it mandatory on the part o...
Tag this Judgment!P. Jisha John Vs. State of Kerala and ors.
Court: Kerala
Decided on: Aug-28-1998
Reported in: AIR1999Ker33
ORDERK.A. Abdul Gafoor, J. 1. The petitioner, an applicant for admission to T. T. C. course for the years 1998-2000 pursuant to Ext. P 2 notification, has approached this Court challenging Ext. P 4 and seeking a declaration that she is entitled to get admission to the said course on the basis of Ext. P 3 under SSLC Ex-servicemen quota. When applications were invited as per Ext. P 2 notification, the petitioner also made on application. As per Ext. P 2 the applicant should have the qualification of pass in pre-degree or Higher secondary examination. It is also provided that 25% of the seats would be reserved for SSLC holders with 45% marks for Science, Mathematics, English and first language or 50% in aggregates and the remaining 75% seats would be for pre-degree holders or higher secondary certificate holders. The petitioner had passed SSLC examination with sufficient marks as mentioned above. After SSLC she attended pre-degree classes and has, passed pre-degree examination as well. Bu...
Tag this Judgment!Walliawarum Plantations Vs. Agricultural Income-tax and Sales-tax Offi ...
Court: Kerala
Decided on: Aug-28-1998
Reported in: [1999]237ITR325(Ker)
G. Sivarajan, J.1. The matter arises under the Kerala Agricultural Income-tax Act, 1991. The petitioner is a registered firm engaged in agricultural and plantation operations and is an assessee to agricultural income-tax on the files of the respondent. The assessment of the petitioner for the year 1986-87 was originally completed as per exhibit P-3, assessment order dated December 14, 1987. The said assessment was sought to be reopened by issue of notice dated February 27, 1992 (exhibit P-7). The petitioner filed exhibit P-8, reply objecting to the reopening, but the assessing authority completed the assessment pursuant to exhibit P-7 as per order dated October 31, 1992 (exhibit P-9). The petitioner challenges exhibit P-9 order as void, illegal and without jurisdiction.2. According to the petitioner, it has throughout been maintaining a hybrid system of accounts which was being fully accepted by the authorities till the assessment year 1986-87. It is stated that under that system the p...
Tag this Judgment!Geo Tech. Construction Co. Pvt. Ltd. Vs. Hindustan Steel Works Constru ...
Court: Kerala
Decided on: Aug-28-1998
Reported in: AIR1999Ker72
Mohammed, J.1. The cardinal dispute for adjudication in this appeal revolves around the invocation of Bank guarantees executed in terms of an agreement for performance of a works contract. The question is whether the appellant is entitled to a temporary injunction re-straining the respondents from enforcing the Bank guarantees executed by the second respondent on behalf of the appellant, in favour of the first respondent. The plaintiff, M/s. Geo Tech Construction Co. (P) Ltd. (hereinafter referred to as 'Geo Tech') is the appellant and the first respondent M/s. Hindustan Steel Works Construction Ltd. (hereinafter called by acronym 'HSCL') is the first defendant in the suit. The State Bank of Travancore, M. G. Road, Ernakulam is the second defendant. This appeal is directed against the order of the First Additional Sub Judge, Ernakulam in an interim application, I. A. No. 1908 of 1998 in O. S. No. 236 of 1998.2. The above suit was filed praying for a decree on the following terms :'a) t...
Tag this Judgment!Smt. Nilofer Hameed and anr. Vs. Income-tax Officer
Court: Kerala
Decided on: Aug-28-1998
Reported in: (1999)152CTR(Ker)93; [1999]235ITR161(Ker)
G. Sivarajan, J.1. The matter arises under the Income-tax Act, 1961. The petitioners are partners in a firm under the name and style 'Kerala Hides and Skins' engaged in the business of purchase and sale of hides and skins. According to them, their only source of income is the share income from the said firm.2. The firm filed its return of income for the assessment years 1986-87, 1987-88 and 1988-89. The assessment for the year 1987-88 was completed while the assessment for the years 1986-87 and 1988-89 were pending. Against the assessment order for the year 1987-88, the firm filed an appeal before the Commissioner of Income-tax (Appeals) and that was pending. While so, the firm had moved a settlement petition on September 25, 1991, before the Settlement Commission (Addl. Bench), Madras, for settling its income for all the aforesaid three years. The Settlement Commission by its order dated November 10, 1993, settled the case of the firm by determining its income on an estimated basis. T...
Tag this Judgment!WalliA.Warum Plantations Vs. Agrlcultural Income Tax and Sales Tax Off ...
Court: Kerala
Decided on: Aug-28-1998
Reported in: (1999)151CTR(Ker)628
G. SIVARAJAN, J.:The matter arises under the Kerala Agrl. IT Act, 1991* The petitioner is a registered firm engaged in Agrlcultural and plantation operations and is an assessee to Agrlcultural Income-tax on the files of the respondent. The assessment of the petitioner for the year 1986-87 was originally completed as per Ext. P-3 assessment order dt. 14th Dec., 1987. The said assessment was sought to be reopened by issue of notice dt. 27th Feb., 1992 (Ext. P-7). The petitioner filed Ext. P-8 reply objecting to the reopening, but the assessing authority completed the assessment pursuant to Ext. P-7 as per order dt. 31st Oct., 1922 (Ext. P-9). The petitioner challenges Ext.P-9 order as void, illegal and without jurisdiction.2. According to the petitioner, it has throughout been maintaining a hybrid system of accounts which was being fully accepted by the authorities till the asst. yr. 1986-87. It is stated that under that system the petitioner was returning as its income of the previous y...
Tag this Judgment!Harrisons Malayalam Ltd. and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Aug-28-1998
Reported in: (1998)150CTR(Ker)564
K. K. USHA, J.The common issue involved in these cases is whether the amendment introduced by the Kerila Finance Act, 1987, to the Kerala Plantation Tax Act, 1960, would be applicable to the assessment for the year 1987-88 under the said Act. OP Nos. 1768, 2584, 2628, 2715, 2996, 3610, 4427, 6139, 6686 and 6821 of 1988 were filed by assessees contending that the amendment introduced by the Finance Act, 1987, by which the rate of tax was enhanced, would be applicable only from the asst. yr. 1988-89. By a common judgment dt. 21st Oct., 1988, Sukumaran, J. dismissed all the original petitions rejecting the contentions of the assessees. W.A. Nos. 771, 804, 809, 810, 843, 844, 885 and 950 of 1989 are filed by the assessee against the above judgment. W.A. Nos. 550, 772 and 811 of 1989 are filed by petitioners in OP Nos. 10355/88 and 5662 and 5679 of 1989 respectively. These writ petitions were dismissed by the same learned Judge, following the common judgment in OP No. 1768/88 and connected ...
Tag this Judgment!Asian Development Service Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Aug-27-1998
Reported in: [1999]239ITR713(Ker)
G. Sivarajan, J.1. The following two questions are referred to us at the instance of the assessee under Section 256(1) of the Income-tax Act, 1961, for opinion by this court :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the consideration received by the applicant for services rendered under the contract with the Fertilisers and Chemicals Travancore Ltd. was to be assessed as fees for technical know-how within the meaning of Section 9(1)(vii) of the Income-tax Act, 1961, and not under the head 'Profits and gains of business' ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the amount of tax payable by the non-resident shall be added to the income remitted to the non-resident and the tax payable by the non-resident should be determined with reference to the gross figure arrived at as above ?' 2. The assessment years concerned ar...
Tag this Judgment!Southern Plantations Ltd. Vs. Commissioner of Agricultural Income-tax
Court: Kerala
Decided on: Aug-27-1998
Reported in: [1999]236ITR509(Ker)
J.B. Koshy, J.1. This tax revision case is filed by a registered company against the agricultural income-tax assessments relating to the assessment years 1970-71 to 1987-88 (18 years). The assessee owns an estate mainly planted with cardamom. The total extent of the estate was originally about 688 acres. The Government took the contention that the above estate was vested with the Government as private forest under the Private Forest (Vesting and Assignment) Act, 1971. In June, 1977, on the basis of the decision of the Forest Tribunal, 262 acres were returned to the company. According to the assessee, the above land was never cultivated with rubber and for that purpose they have produced annexure 'A' inspection report. Assessment orders were made against all these years showing rubber also as one of the crops. For the assessment years 1970-71, 1971-72, 1973-74 appeals were filed against the assessments and the appeals were dismissed. Further proceedings were not taken up. With regard to...
Tag this Judgment!Kerala State Bamboo Corporation Ltd. Vs. Commissioner of Income-tax an ...
Court: Kerala
Decided on: Aug-27-1998
Reported in: (1998)150CTR(Ker)109; [1999]236ITR288(Ker)
G. Sivarajan, J. 1. The matter arises under the Income-tax Act, 1961 (for short 'the Act'), The petitioner-company is a public sector undertaking fully owned by the State of Kerala and controlled and managed through the directors appointed by it from amongst its various Departments and bodies. It is incorporated with the primary objective of carrying on activities which provide employment to and the upliftment of thousands of the weaker Sections of traditional and tribal bamboo cutters and weavers scattered throughout the State of Kerala. 2. For the assessment year 1994-95, the petitioner-assessee filed a return of its income before the second respondent, the Assessing Officer, on November 28, 1994. The Assessing Officer, on a scrutiny of the return, found that the return is defective, in that, (i) it is not accompanied by the report of the audit mandated by Section 44AB of the Act and (ii) that it is not signed by the managing director of the company and the same was returned on Janua...
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