Kerala Court October 2002 Judgments
K.P.B. Advertising (P) Ltd. Vs. Commissioner of Income Tax and anr.
Court: Kerala
Decided on: Oct-29-2002
Reported in: (2003)181CTR(Ker)492
G. Sivarajan, J.1. The matter arises under the IT Act, 1961 (for short, the Act). The appellant is a private limited company engaged in the business of canvassing advertisement for newspapers, periodicals, etc. and is an assessee to income-tax under the Act, The assessment year concerned is 1992-93. According to the appellant, the modus operandi adopted by it is that it, as an agent, canvasses advertisement for Malayala Manorama, Mathrubhoomi and other periodicals from customers; after advertisement made in the newspapers/periodicals the newspaper company will issue bills towards advertisement charges; the ' appellant will then raise bills on their customers by adding its commission of 15 per cent, and the appellant has to make payment of the bill amount of the newspaper company. However, in the books maintained by the appellant, only the commission receipt is recorded. The appellant is relying on Clauses 24 and 29 of the Rules and Regulations governing accreditation of advertising age...
Tag this Judgment!K.P.B. Advertising Pvt. Ltd. Vs. Commissioner of Income-tax and anr.
Court: Kerala
Decided on: Oct-29-2002
Reported in: [2003]261ITR760(Ker)
G. Sivarajan, J.1. The matter arises under the Income-tax Act, 1961 (for short, 'the Act'). The appellant is a private limited company engaged in the business of canvassing advertisements for newspapers, periodicals, etc., and is an assessee to income-tax under the Act. The assessment year concerned is 1992-93. According to the appellant, the modus operandi adopted by it is that it, as an agent, canvasses advertisements for Malayala Manorama, Mathrubhoomi and other periodicals from the customers : after advertisement made in the newspapers/periodicals the newspaper company will issue bills towards advertisement charges ; the appellant will then raise bills on their customers by adding its commission of 15 per cent., and the appellant has to make payment of the bill amount of the newspaper company. However, in the books maintained by the appellant, only the commission receipt is recorded. The appellant is relying on Clauses 24 and 29 of the rules and regulations governing accreditation ...
Tag this Judgment!Sree Krishna Trading Co. Vs. Assistant Commissioner of Income-tax
Court: Kerala
Decided on: Oct-28-2002
Reported in: (2003)179CTR(Ker)467; [2003]260ITR633(Ker)
G. Sivarajan, J. 1. The matter arises under the Income-tax Act, 1961 (for short 'the Act').2. The appellant is a partnership firm carrying on abkari business. It is an assessee on the files of the Assistant Commissioner of Income-tax, Circle 1, Alappuzha. The assessment year concerned is 1991-92, relevant previous year ended March 31, 1991. The appellant filed a return declaring a loss of Rs. 1,13,313 pursuant to a notice under Section 148 of the Act. The assessing authority processed the return under Section 143(1)(a) of the Act and the net loss was determined at Rs. 93,000. The excess tax paid was either adjusted/ refunded. Subsequently, the assessing authority took up the matter for scrutiny and an assessment was completed under Section 143(3) of the Act by order dated January 13, 1995 (annexure A) determining the total income at Rs. 41,18,770. The appellant took up the matter in appeal before the Commissioner of Income-tax (Appeals), who by his order dated November 6, 1995 (annexur...
Tag this Judgment!Anilkumar Vs. Shammy
Court: Kerala
Decided on: Oct-25-2002
Reported in: II(2003)BC466; [2003]116CompCas82(Ker); II(2003)DMC632
ORDERR. Basant, J.1. This Revision Petition is directed against the judgment dated 31st August 2000 passed by the 5th Additional Sessions Judge, Ernakulam in Crl. Appeal No. 485/98. By a common judgment/order rendered in Crl. Appeal 485/98, and Crl. R.P. 43/99, the learned Sessions Judge had upheld the judgment dated 18.11.1998 passed by the learned Judicial First Class Magistrate, North Parur in C.C. 559/96. By the said judgment the learned Magistrate had found the accused guilty of the offence punishable under Section 138 of Negotiable Instruments Act. He was convicted and sentenced to undergo simple imprisonment for a period of one year.2. The complainant alleged that the revision petitioner/accused had issued Ext. P2 cheque to her for an amount of Rs. Three lakhs. The accused is the brother-in-law of the complainant. When the matrimonial life ran into rough weather, because of differences of opinion between the spouses, an agreement (Ext. P1) was executed between the concerned part...
Tag this Judgment!Appollo Tyres Ltd. Vs. Assistant Commissioner
Court: Kerala
Decided on: Oct-25-2002
Reported in: [2004]138STC249(Ker)
K. Balakrishnan Nair, J.1. The point that arises for decision in this Appeal is the validity of the penalty imposed on the appellant Comp'any for the alleged violation of Sections 5(3) and (7) of the Kerala General Sales Tax Act. The brief facts necessary for the disposal of the case are the following: 2. The transactions in question took place in the year 1982-83. The appellant, a manufacturer of automobile tyres and tubes, was purchasing raw-materials like carbon black and other chemicals from outside the State paying 4% tax under the Central Sales Tax Act on the strength of declarations furnished in Form 'C'. While so, Section 5 of the KGST Act was amended introducing Sub-section (3A) with effect from 14.10.1982. The sai'd amendment enabled the appellant to purchase the aforementioned raw-materials locally on payment of 4% tax subject to certain conditions. The appellant was to give a declaration under Form No. 18 of the KGST Rules and it has to sell the products manufactured using ...
Tag this Judgment!Reliance Generators Pvt. Ltd. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Oct-25-2002
Reported in: [2006]146STC61(Ker)
S. Sankarasubban, J.1. In both these writ appeals, appellant is same. He is the petitioner in the original petitions. W.A. No. 1501 of 2002 is filed against the judgment in O.P. No. 38164 of 2001*, while W.A. No. 1503 of 2002 is filed against the judgment in O.P. No. 37942 of 2001. The prayer in O.P. No. 38164 of 2001* is to issue a writ of mandamus directing the fifth, sixth and seventh respondents to issue the forms as prescribed Under Sub-clause (4) of clause 1 read with Schedulev.annexed to the Notification in S.R.O. No. 1728/93 to the petitioner for the works executed by them during the periods 1995-96 and 1996-97 for them to claim reduced rate of tax at 4 per cent. The facts of the case are as follows:2. The petitioner was awarded contract for supplying, installing, testing and commissioning of diesel generator sets to various telephone exchanges of Department of Telecom, Kerala, which are within the administrative control of third to seventh respondents. The petitioner has been ...
Tag this Judgment!income-tax Officer Vs. Smt. Nilofer Hameed and anr.
Court: Kerala
Decided on: Oct-24-2002
Reported in: (2003)184CTR(Ker)247; [2003]262ITR281(Ker)
S. Sankarasubban, J. 1. This writ appeal is filed by the Income-tax Officer, Ward-I, Ernakulam, against the judgment of a learned single judge of this court in O. P. No. 17555 of 1997 : [1999]235ITR161(Ker) . The petitioners in the original petition are the respondents. The facts of the case are as follows : The petitioners are partners of a firm under the name and style 'Kerala Hides and Skins'. It is engaged in the business of purchase and sale of hides and skins. The only source of income of the petitioners is the share income from the firm. While the assessment for the assessment year 1987-88 was completed by the Assessing Officer, the assessment for the assessment years 1986-87 and 1988-89 were pending. Against the completed assessment relating to the assessment year 1987-88 there was an appeal pending before the Commissioner of Income-tax (Appeals). At the above stage, the firm had moved a settlement petition on September 25, 1991, before the Settlement Commission, Madras, for se...
Tag this Judgment!Commissioner of Gift Tax Vs. Popular Auto Spares (P) Ltd.
Court: Kerala
Decided on: Oct-24-2002
Reported in: (2003)183CTR(Ker)515; [2003]264ITR171(Ker)
G. Sivarajan, J. 1. These two references at the instance of the Revenue arise from a common order of the Tribunal, Cochin Bench, in GTA Nos. 15 & 16/Coch/1987 in respect of the asst. yrs. 1975-76 and 1976-77. IT Ref. No. 81 of 2000 arises from GTA No. 15/Coch/1987 for 1975-76 and IT Ref. No. 315/1997 arises from GTA 16/Coch/1987 for the asst. yr. 1976-77. 2. The question referred by the Tribunal pursuant to the direction issued by this Court in the judgment dt. 15th Nov., 1994, in O.P. Nos. 10415/1992 and 10416/1992 in both these cases reads as follows : 'Whether, on the facts and in the circumstances of the case the Tribunal is right in holding that there is no gift involved in the facts of the present case ?'3. The assessee, a limited company, was carrying on business in automobile parts since 1st Oct., 1971. On 1st Oct., 1974, it entered into a partnership with 4 other persons. Clause (4)(a) of the partnership deed dt. 1st Oct., 1974, provides that the business which the assessee-co...
Tag this Judgment!Cgt Vs. Popular Auto Spares (P) Ltd.
Court: Kerala
Decided on: Oct-24-2002
Reported in: [2003]131TAXMAN520(Ker)
G. Sivarajan, J.These two references at the instance of the revenue arise from a common order of the Income Tax Appellate Tribunal, Cochin Bench in G.T.A. Nos. 15 & 16/Coch./1987 in respect of the assessment years 1975-76 and 1976-77. I.MR. No. 81 of 2000 arises from G.T.A No. 15/Coch./1987 for 1975-76 and ITR No. 315/1997 arises from G.T.A. 16 Coch./1987 for the assessment year 1976-77.2. The question referred by the Tribunal pursuant to the direction issued by this court in the judgment dated 15-11-1994 in O.P. Nos. 10415/1992 and 10416/1992 in both these cases reads as follows :'Whether on the facts and in the circumstances of the case the Tribunal is right in holding that there is no gift involved in the facts of the present case ?'3. The assessee, a limited company was carrying on business in automobile parts since 1-10-1971. On 1-10-1974 it entered into a partnership with 4 other persons. Clause (4)(a) of the partnership deed dated 1-10-1974 provides that the business which the a...
Tag this Judgment!Raghavan Vs. National Insurance Co. Ltd.
Court: Kerala
Decided on: Oct-23-2002
Reported in: II(2003)ACC307; 2003ACJ379
G. Sasidharan, J. 1. A suit filed by the Insurance Company for realisation of the amount paid towards compensation to a person who suffered injuries in a road traffic accident excess of the limit to which the Company is liable from the owner of the vehicle, was decreed by the trial Court. In O.P. (MV) 329/1984 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram an award was made directing that the Insurance Company had to pay the entire amount awarded as compensation even though the Company was liable as per the policy for payment of only an amount upto Rs. 50,000/-. The appellant is the owner of the vehicle which was involved in the road traffic accident and the decree passed by the trial court was for realisation of the amount paid in excess of the liability of the Insurance Company from him. The appellant raised the contention before the trial court that the Insurance Company would have raised the contention that the liability of the Company was to pay the amount ...
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