Kerala Court September 2002 Judgments
Dr. Xavier Paul Vs. Chairman, Central Board of Direct Taxes and ors.
Court: Kerala
Decided on: Sep-25-2002
Reported in: [2003]260ITR291(Ker)
M. Ramachandran, J.1. The petitioner is a public spirited person engaged in journalistic activities and the original petition has been filed by him frustrated by the delay in getting rewards from the Income-tax Department and he submits that in view of the information that had been supplied by him, the Department had come across black money and he is, as of right, entitled to reward as per the guidelines that are in force. According to him, he had so far given 120 instances where there is likelihood of locating black money. He also refers to the circumstances that the officers of the Department had told him that information that he had given was sufficient to entitle him for awards. But for about two years, there has been practically no information forthcoming except exhibit P-6 letter. He wants the matter to be expedited.2. Standing counsel for the Department submits that there is a misconception on the part of the petitioner, since it is not each and every information that entitles a...
Tag this Judgment!Commissioner of Income-tax Vs. E.X. Jolly
Court: Kerala
Decided on: Sep-25-2002
Reported in: [2004]265ITR399(Ker)
G. SIVARAJAN J.1. The question referred at the instance of the Department in all the four cases is the same and it reads as follows :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no element of gift was involved when the assessee retired from the firm in which he was a partner ?'2. The respondents-assessees were partners of a firm, M/s. Hotel Yuvarani, Ernakulam, During the assessment year 1987-88 all the four assessees retired from the said firm. The assessing authority took the view that the assessees have transferred the right to receive future profits in favour of the partners newly admitted on their retirement. The first appellate authority confirmed the assessment. In appeal by the assessees, the Tribunal relying on the decision of this court in CGT v. Smt R. Sarojini : [1993]201ITR104(Ker) , held that there is no gift in such transactions.3. We have heard Sri P. K. R. Menon, learned senior standing counsel for the Revenue, and...
Tag this Judgment!Dr. Xavier Paul Vs. Cbdt
Court: Kerala
Decided on: Sep-25-2002
Reported in: [2002]125TAXMAN800(Ker)
The petitioner is a public spirited person engaged in journalistic activities and the Original Petition has been filed by him frustrated by the delay in getting rewards from the Income Tax Department and he submits that in view of the information that had been supplied by him, the department had come across black money and he is, as of right, entitled to reward as per the guidelines that are in force. According to him, he had so far given 120 instances where there is likelyhood of locating of black money. He also refers to the circumstance that the Officers of the Department had told him that information that he had given was sufficient to entitle him for awards. But for about two years, there has been practically no information forthcoming except Ext. P6 letter. He wants the matter to be expedited.2. The standing counsel for the department submits that there is a misconception on the part of the petitioner, since it is not each and every information that entitles a person for reward, ...
Tag this Judgment!State of Kerala Vs. N.N. Shanavas
Court: Kerala
Decided on: Sep-25-2002
Reported in: [2006]143STC92(Ker)
G. Sivarajan, J. 1. These two revisions are filed by the Revenue. Same assessee is the respondent in these two cases. The assessment years concerned are 1986-87 and 1987-88. The assessee is an oil miller. During the assessment years of 1986-87 and 1987-88 the assessee effected inter-State sales of oil. The assessee has also produced C form in respect of a major portion of the turnover returned and claimed concessional rate of 1 per cent on the basis of S.R.O. No. 117/66. The assessing authority granted concessional rate in respect of the turnover covered by C forms. However, the same treatment was not given to the turnover not covered by C form and assessed the said turnover at the normal rate. Appeal before the first appellate authority was not successful. In second appeal, the Tribunal allowed the claim for concessional rate of 1 per cent under the notification holding that the assessee had satisfied the conditions stipulated in the notification.2. The learned Government Pleader appe...
Tag this Judgment!Commissioner of Income-tax Vs. Rajesh Kumar, National Spices
Court: Kerala
Decided on: Sep-24-2002
Reported in: (2003)179CTR(Ker)307; [2003]259ITR629(Ker)
C.N. Ramachandran Nair, J.1. This reference is at the instance of the Revenue. The following questions are referred to us for our decision :'1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the question as to whether a loss can be set off can arise only in the assessment of the succeeding year or years when there is a positive income against which such set off is claimed ?2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in vacating the directions of the Assessing Officer recorded in the assessment order to the effect that the loss shall not be carried forward?'2. We heard standing counsel for the Department, but none appeared for the assessee even though notice was served on the assessee. Standing counsel brought to our notice a decision in CIT v. Smt. Gunavathy Dharmasy : [2000]241ITR168(Ker) which is rendered by this court reversing the order of the Tribunal in I.T.A. No. 198/Coch. of 1989 ...
Tag this Judgment!Radhakrishnan Vs. State of Kerala
Court: Kerala
Decided on: Sep-24-2002
Reported in: 2003(1)KLT383
B.N. Srikrishna, C.J.1.The principal grievance made in this Writ Petition under Article 226 of the Constitution, moved in public interest, is that the nature of traffic in the State of Kerala has deteriorated over the years and has now reached alarming proportions on account of the frequent accidents which continue unabated. In the companion petition, O.P. No. 1265 of 2001, Ext. P2, gives the statistics of traffic accidents taken from the website of the City Traffic Police. The figures indicate that traffic accidents, including accidents resulting in grievous injuries and deaths, are on the rise. One of the principal cause of the accidents, according to the petitioner, is that stage carriage buses are driven at reckless speed without observing any norms as to the speed limits. Due to the policy ofliberalisation adopted in the matter of granting stage carriage permits, the situation has become critical and needs to be controlled immediately.2. The Original Petition gives statistical dat...
Tag this Judgment!Sreekesh Vs. Mohammed Asharaf
Court: Kerala
Decided on: Sep-24-2002
Reported in: 2003(1)KLT397
S. Sankarasubban, J.1. This Original Petition has been filed for a writ of Habeas Corpus commanding the 1st and 2nd respondents to produce the third respondent before this Court and torelease her from their illegal custody and to give the custody of the third respondent to the petitioner. The petitioner has filed this petition as next friend of the third respondent. According to the petitioner, he and the third respondent attained the age of majority. On 24th June 2002, both of them entered into an agreement of marriage and were living together as husband and wife. While so, respondents 1 and 2 and their relatives forcefully took away the third respondent and admitted her in a counselling centre at Ambalamukku near Peroorkada at Thiruvananthapuram in order to give her a counselling to change her attitude towards the petitioner. The third respondent informed the petitioner about her stay at counselling centre and they eloped from there.2. On 20th July 2002, the third respondent's father...
Tag this Judgment!Commissioner of Gift Tax Vs. P.K. Somarajan Pillai
Court: Kerala
Decided on: Sep-24-2002
Reported in: (2003)179CTR(Ker)470; [2004]265ITR395(Ker)
1. At the instance of the Revenue the following question of law has been referred to this Court under Section 26(1) of the GT Act, 1958 for decision : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no element of gift was involved when the assessee retired from the firm in which he was a partner?' 2. The matter arises under the GT Act, 1958 (for short 'the Act'). The assessment year concerned is 1987-88. The respondent-assesses was a partner in a firm by name M/s R. Kesava Pillai, Merchants, Quilon. On 30th April, 1986, the assessee retired from the said partnership firm and in his place Sri. M.C. Thankappan Pillai was admitted as a new partner. The assessee was having 11 per cent share in the profits of the business of the firm. The AO took the view that on the retirement of the assessee from the partnership firm the assessee had made a gift of 11 per cent interest in the goodwill of the firm in favour of the new partner and accordin...
Tag this Judgment!Cit Vs. Rajini Ice and Cold Storage
Court: Kerala
Decided on: Sep-24-2002
Reported in: [2003]127TAXMAN166(Ker)
G. Sivarajan, J.The following two questions of law are referred for decision at the instance of the department :'1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to deduction under section 80HHC of the Income Tax Act, 1961, in respect of exports (not done directly by the assessee) done through export house2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law and on facts in holding :(i) the assessee was not an agent of the export house?(ii) in substance the export house has not purchased the goods(iii) export process has been actually done by the assessee and not the export house(iv) both are entitled to the benefits 2. The Tribunal has decided the issue in favour of the assessee following its earlier decision in the case of Sea Pearl Industries (IT Appeal No. 37 (Coch) of 1987). The learned standing counsel appearing for the revenue submits that the decision in Sea Pearl Industries case (supra) went upto the ...
Tag this Judgment!Federal Bank Vs. Official Liquidator
Court: Kerala
Decided on: Sep-20-2002
Reported in: I(2003)BC209; [2003]113CompCas410(Ker)
K.S. Radhakrishnan, J.1. The question that is posed for consideration in this case is whether a decree obtained by a secured creditor standing outside the winding up proceedings could be satisfied fully along with the interest in the event of there being surplus after payment in full all the claims admitted to proof by the liquidator.2. Travancore Ogale Glass . (hereinafter called 'the Company') was sought to be wound up by a contributory by filing C.P. No. 3 of 1984 under Section 433 of the Companies Act on the ground that the Company was commercially insolvent. Provisional liquidator was appointed on 7.2.1984. Federal Bank Ltd., secured creditor was impleaded in the proceedings as per order dated 17.2.1984 in C.A. No. 37 of 1984. Employees Association representing the workers also got impleaded in C.A. No. 46 of 1984 on 1.3:1984. Federal Bank filed statement on 13.3.1984 informing the Company Court that the Bank would keep outside the winding up proceedings. On 7.6.1985 Bank filed an...
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