Kerala Court October 2002 Judgments
State of Kerala Vs. India Oxygen Ltd.
Court: Kerala
Decided on: Oct-05-2002
Reported in: [2003]129STC471(Ker)
G. Sivarajan, J.1. These six tax revision cases are filed by the revenue. The respondent-assessee is the same in all the cases, viz., M/s. India Oxygen Ltd., Cochin.2. Two questions arise for consideration in these cases. One is as to whether 'nitrous oxide' is an item liable to be taxed under entry 71 of the First Schedule to the Kerala General Sales Tax Act (for short, 'the Act'). The other is as to whether hydrogen, argon, argon nitrogen mixture are 'industrial gases' falling under entry 59 of the First Schedule to the Act.3. The assessee is a dealer in chemicals such as nitrous oxide, hydrogen, argon, argon nitrogen mixture, etc. The assessment year concerned is 1981-82. In the assessment year concerned, the assessee contended that nitrous oxide is not an item specified in any of the entries in the First Schedule to the Act and that it is liable to be taxed only at the general rate as an unclassified item. Similarly it was contended that hydrogen, argon and argon nitrogen mixture a...
Tag this Judgment!Commissioner of Income-tax Vs. Fertilisers and Chemicals Travancore Lt ...
Court: Kerala
Decided on: Oct-05-2002
Reported in: [2003]261ITR484(Ker)
S. Sankarasubban, J.1. I. T. R. No. 26 of 1999 is with regard to the assessment year 1989-90. This appeal is at the instance of the Revenue. The questions of law raised are as follows :'1. Whether, on the facts and in the circumstances of the case, is the Tribunal right in holding that with reference to the book profit as shown in the profit and loss account of the company the additions made by the Assessing Officer by way of disallowance of the provision for foreseeable loss on contract, the provision for bad and doubtful debts and the provision for obsolescence of stores, are not in accordance with the provisions of Section 115J ? 2. Whether, on the facts and in the circumstances of the case, cannot the addition in this case be upheld as a prima facie adjustment in accordance with Section 143(1)(a) ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the proviso to Section 143(1)(a) permits only the disallowance of any loss car...
Tag this Judgment!Premalatha Vs. Jacob
Court: Kerala
Decided on: Oct-04-2002
Reported in: III(2003)BC177
ORDERT.M. Hassan Pillai, J.1. Concurrent findings on facts recorded by the Courts below (Judicial First Class Magistrate-1, Kozhikode in C.C. 838/93 and the learned Addl. Sessions Judge-II, Kozhikode Division in Crl.A. 59/1996) on proper appreciation of evidence are sought to be assailed by filing this revision by the convicted accused. Learned counsel for the revision petitioner submitted fairly before me that in view of the settled position of law that this Court is loath to interfere with the concurrent findings on facts recorded by the Courts below on proper appreciation of evidence unless glaring feature which would otherwise tantamount to gross miscarriage of justice is brought to this Court's notice the revision petitioner is not challenging the findings based on trustworthy and cogent evidence led in support of his case by the complainant -1st respondent.2. The trial court on proper appreciation of evidence convicted the revision petitioner for the offence punishable under Sect...
Tag this Judgment!Maliyekkal Construction Co. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Oct-04-2002
Reported in: [2003]260ITR333(Ker)
C.N. Ramachandran Nair, J.1. The assessee, a civil construction firm, is the appellant before us against the common order of the Income-tax Appellate Tribunal for the assessment years 1993-94 and 1994-95. The assessee admittedly did not maintain books of account. However, returns were filed estimating the net income at 7 per cent. of the contract receipts. The Assessing Officer taking note of the net profit retained for the earlier years at 10 per cent. of the contract receipts, fixed the net income at 8 per cent. of the contract receipts. It was specifically mentioned by the Assessing Officer that the net income fixed at 8 per cent. is inclusive of all deductions towards payment of salary and interest to partners. In other words, the net income so fixed is after excluding all deductions which are available to the assessee. The assessee, however, contested the assessment in the first appeal and pressed for deductions towards payment of salary and interest to partners as provided under ...
Tag this Judgment!Attukal Shopping Complex P. Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Oct-04-2002
Reported in: [2003]259ITR567(Ker)
S. Sankarasubban, J. 1. These income-tax references are filed by the assessee against the orders in I. T. A. Nos. 387/Coch of 1999, 20/Coch. of 1998 and 21/Coch. of 1998 of the Income-tax Appellate Tribunal, Cochin Bench. The relevant assessment years are 1993-94, 1994-95 and 1995-96.2. The assessee is a private limited company. It has got a shopping complex called 'Attukal Shopping Complex' at Thiruvananthapuram. The object of the shopping complex is to erect shopping complexes, houses, buildings and sell, lease, let out, mortgage or otherwise dispose of the shopping complexes and the houses built. The sale as well as the leasing out or mortgage can be in respect of part of the property or in full. There are various other objects, which are incidental or ancillary to the attainment of the main object of the company. According to the assessee, it acquired an immovable property at South Street, Fort, Trivandrum. After demolishing the existing structure a new shopping complex was put up ...
Tag this Judgment!Commissioner of Income-tax Vs. Dr. Ganga R. Menon, Palghat Poly Clinic
Court: Kerala
Decided on: Oct-04-2002
Reported in: (2003)179CTR(Ker)46; [2003]259ITR661(Ker)
C.N. Ramachandran Nair, J.1. This appeal filed by the Department is against the order of the Tribunal cancelling the order issued by the Commissioner of Income-tax (Appeals) under Section 263 of the Income-tax Act, 1961, disallowing depreciation at the rate applicable to 'plant' on the nursing home of the assessee. The Tribunal following the Full Bench decision of this court in CIT v. Hotel Luciya : [1998]231ITR492(Ker) , and that of the Supreme Court in CIT v. Dr. B. Venkata Rao : [2000]243ITR81(SC) , held that the assessee is entitled to depreciation on the hospital building at the rate applicable to 'plant', and reversed the order of the Commissioner issued under Section 263 of the Act.2. We have heard Sri P.K.R. Menon, senior counsel appearing for the Department, and Sri P. Balakrishnan, counsel for the assessee. While senior counsel for the Revenue relied on the later decision of the Supreme Court in CIT v. Anand Theatres : [2000]244ITR192(SC) , counsel for the assessee relied on ...
Tag this Judgment!Cit Vs. Dr. Ganga R. Menon
Court: Kerala
Decided on: Oct-04-2002
Reported in: [2002]125TAXMAN957(Ker)
C.N. Ramachandran Nair, J. This appeal filed by the department is against the order of the Tribunal cancelling the order issued by the Commissioner (Appeals) under section 263 of the Income Tax Act disallowing depreciation at the rate applicable to 'plant' on the nursing home of the assessee. The Tribunal following the Full Bench decision of this court in CIT v. Hotel Luciya : [1998]231ITR492(Ker) and, that of the Supreme Court in CIT v. Dr. B. Venkata Rao : [2000]243ITR81(SC) , held that the assessee is entitled to depreciation on the hospital building at the rate applicable to 'plant', and reversed the order of the Commissioner issued under section 263 of the Act.2. We have heard Sri P.K.R. Menon, senior counsel appearing for the department, and Sri P. Balakrishnan, counsel for the assessee. While senior counsel for the revenue relied on the later decision of the Supreme Court in CIT v. Anand Theatres : [2000]244ITR192(SC) , counsel for the assessee relied on the decision of the Supr...
Tag this Judgment!Union of India (Uoi) Vs. Kerala State Small Scale Industries Developme ...
Court: Kerala
Decided on: Oct-04-2002
Reported in: I(2004)ACC806
R. Bhaskaran, J.1. The appellant is the Union of India represented by the General Manager, Southern Railway, and the defendant in the suit. The suit was for damages on account of short delivery. The wagon containing the article arrived in the destination on 29th September, 1981 and a request for re-weighment of the goods was rejected by the Chief Goods Clerk on the same day. Thereafter the plaintiff got it weighed on 1st October, 1981 and Ext. A-5 certificate showing the actual loss was obtained. Therefore, the limitation for filing the suit will start on 1st October, 1981. Under Section 12(1) of the Limitation Act, the day from which the period of limitation is to be reckoned is to be excluded. Thus the suit should t have been filed under Article 10 of the Limitation Act at least on 1st October, 1984. However, a notice under Section 80 of the Code of Civil Procedure had to be sent and it was received by the defendant on 1st October, 1984. The suit was filed on 16th November, 1984 with...
Tag this Judgment!Secretary, Sultan Battery Co-operative Housing Society Ltd. Vs. Commis ...
Court: Kerala
Decided on: Oct-03-2002
Reported in: (2003)181CTR(Ker)219; [2003]261ITR364(Ker)
C.N. Ramachandran Nair, J. 1. The assessee-appellant is a society which made payment to a contractor amounting to Rs. 50,02,730 during the period from April 1, 1986, to March 31, 1990, without deduction and payment of income-tax at source in time in terms of Section 194C of the Income-tax Act, 1961. However, the assessee made the payment on March 13, 1990, obviously with substantial delay. The Assessing Officer demanded interest amounting to Rs, 28,834 under Section 201(1A) of the Income-tax Act. There is no dispute on the amount of interest computed under Section 201(1A), if the assessee is otherwise liable. The only contention raised against the demand of penal interest is the limitation provided under Section 231 of the Income-tax Act which stands deleted by the Direct Tax Laws (Amendment) Act of 1987, with effect from April 1, 1989. The assessee relied on two decisions of this court in Traco Cable Co. ltd. v. CIT : [1987]166ITR278(Ker) and in CIT v. Meat Products of India Ltd. : [1...
Tag this Judgment!Commissioner of Income Tax Vs. Hotel and Allied Traders (P) Ltd.
Court: Kerala
Decided on: Oct-03-2002
Reported in: (2003)179CTR(Ker)308
G. Sivarajan, J.1. The following questions of law are referred under Section 256(1) of the IT Act, 1961, at the instance of the Revenue.1. 'Whether, on the facts and in the circumstances of the case and since the payment in the instant case relates to contribution to PF and ESI which came under the purview of the 2nd proviso to Section 43B as per which they have to be made before the due date as provided in Section 36(1)(va), the assessee is entitled to claim the same? 2. Whether, on the facts and in the circumstances; of the case, the decision of the Supreme Court in Allied Motors (P) Ltd Etc. v. CIT (1997) 224 JTR 677 (SC) has application to the facts of the case?' 2. Learned senior standing counsel appearing for the Revenue submits that the first question is squarely covered by the decision of this Court in CIT v. South India Corporation Ltd. (2000) 242 JTR 114 (Ker). We have also heard Sri Joseph Markos, learned counsel appearing for the assessee, and perused the order of the Tribu...
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