Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 17 income tax authotities Court: kerala Page 61 of about 845 results (0.253 seconds)

Dr. George Mathew Vs. the District Collector

Court : Kerala

..... context. but the tax is certainly liable to be deducted under section 194 ia of the income tax act if the separate sale consideration to the petitioners individually exceed rs.50 lakhs each. respondents 1 and 2 shall ..... ia of the income tax act in view of the decision in the judgment dated 23.8.2013 in w.p.(c) no.20572/2013.2. the property agreed to be conveyed to the government for the kochi metro rail project is situate within the limits of the corporation of cochin and is therefore not an agricultural land in the ..... of august, 2013 judgment the petitioners are justified in their contention based on infopark kerala v. asst. commissioner of income tax [2008 (4) klt 782.that no tax is liable to be deducted under section 194 la of the income tax act. this is because the price of the property offered to be surrendered was fixed by negotiation and not through land .....

Balakrishnan Vs. Union of India

Court : Kerala

..... district is an agricultural land. according to petitioner, when this property was acquired for the 3rd phase of development of techno park in the year 2005, he was entitled for compensation and the compensation received by him is exempted from the payment of income tax by virtue of section 10(37)(iii) of the income tax act. when returns were ..... submitted, he showed his income tax liability as nil, therefore he did not claim any benefits by way of deduction such as cost of acquiring ..... notification are very relevant. ext.p2 notification is prior to sale deed.4. it is also not in dispute that no deductions under section 194la of the income tax act came to be applied since the sale price was fixed by negotiations which is reflected in the sale deed at ext.p4. unless transfer of land or .....

Gokul Rubber and Tea Plantations Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1988]172ITR197(Ker)

..... rubber trees are agricultural assets and cannot be considered as capital asset was negatived. the appeal filed before the commissioner of income-tax (appeals) and the second appeal filed before the appellate tribunal were futile. thereafter, the petitioner/assessee filed an application under section 256(1) of the income-tax act praying that the ..... act was filed in this court.2. we heard counsel for the petitioner as also counsel for the revenue. the old and unyielding rubber trees will certainly be a capital asset and for sale thereof, tax on capital gains can be levied thereon, cannot admit of any doubt in view of the decisions in commissioner oj agricultural income-tax ..... v. kailas rubber & co. ltd. : [1966]60itr435(sc) , beverley estates ltd. v. cit : [1979]117itr302(mad) and travancore tea estates co. ltd. v. cit : [1974]93itr314(ker) , by relying on the said decisions, the appellate .....

Commissioner of Income-tax Vs. Glory Paul

Court : Kerala

Reported in : [1990]186ITR498(Ker)

..... v. n. d. nirgudkar, second ito : [1981]128itr87(bom) , held that the capital gains arising out of the sale of agricultural land is not liable to levy of capital gains tax under the income-tax act. thereafter, at the instance of the revenue, the income-tax appellate tribunal has referred the question of law, extracted hereinabove, for the decision of this court.3. we heard counsel for ..... by the assessee. the assessee objected to the assessment stating that the property sold was agricultural land. the plea was negatived. in appeal, the appellate assistant commissioner held that the property was situate in the cochin corporation area and its sale will attract capital gains under the income-tax act. the levy of capital gains, on the profits arising on the sale thereof, was .....

Teejan Beverages Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2003]131STC538(Ker)

..... act on the turnover of sale of goods manufactured and sold by them within the state. conditions and restrictions are imposed in clause 10 of the said notification. under sub-clause (vii) thereof the small-scale industrial units claiming such exemption shall produce the proceedings of the district level committee consisting of the district collector (chairman), the deputy commissioner of agricultural income-tax ..... and sales tax (member) and the general manager, district industries centre (member secretary) having jurisdiction over the district. clause 11 in the ..... to manufacture. the question arose in the context of the provisions of section 5a(1)(a) of the kerala general sales tax act, 1963 which envisages the consumption of a commodity in the manufacture of another commodity. the supreme court had laid down the .....

P. K. Kesavan Nair Vs. Commissioner of Income-tax.

Court : Kerala

Reported in : (1988)71CTR(Ker)165; [1988]174ITR253(Ker); [1988]41TAXMAN16(Ker)

..... matter arises in connection with availing of the benefit under section 54b of the income-tax act. the assessee sold his agricultural properties. he acquired new properties thereafter, with the aid of consideration received for his properties. the question is whether this acquisition was done within the time allowed by law. ..... a conditional payment. it is common ground that if the date of sale is only march 31, 1975, the assessee can avail of the benefit of section 54b of the income-tax act. but, after adverting to the relevant documents and other circumstances, the appellate tribunal held that the transfer took place on march 29, 1975 and that the claim of the ..... assessee should be worked out on that basis. the assessee filed a petition under section 256(1) of the income-tax act, to refer a question of law, which according to him, arose out of the appellate order of the tribunal. it was dismissed, by order dated january 30, 1985 thereafter, .....

Jose Antony Kakkad Vs. Official Liquidator, High Court of Kerala and a ...

Court : Kerala

Reported in : [2000]100CompCas811(Ker); (2008)3CompLJ502(Ker)

..... . there it was held (headnote) :'... company court in dealing with an application under section 446 of the companies act, 1956, has no jurisdiction to embark upon an investigation into the correctness or legality ..... lease and rent control) act. in state of keralu v. official liquidator, palai central bank [1987] 62 comp cas 742 ; [1988] 1 comp lj 60 (ker) a division bench of the court had considered the validity of an order passed by the company court declaring an assessment made by the agricultural income-tax authorities as null and void ..... be such as can appropriately be dealt with by the winding up court. the income-tax act is a complete code and it is particularly so with respect to the assessment and reassessment of income-tax. the fact that after the amount of tax payable by an assessee has been determined or quantified its realisation from a company .....

Kamath Marbles Vs. Income Tax Officer

Court : Kerala

Reported in : (2003)182CTR(Ker)319; 2003(1)KLT760

..... than through account payee cheques or drafts except in the justifiable circumstances provided under rule 6dd and the section itself, invites disallowance of 20% thereof. the income tax act contains various restrictions and conditions for deductions and allowances which have been upheld by several high courts and the supreme court on various occasions. the decision of ..... provision for complete deduction of expenditure over rs .20,000-00 incurred in cash under clause (f) of rule6dd for payment made for the purchase of agricultural or forest produce or the produce of animal husbandry or dairy or poultry farming or fish or fish products or the products of horticulture or apiculture to ..... draft in the cases and circumstances specified hereunder, namely:-xxx xxx xxx xxxxx xxx xxx xxx (f) where the payment is made for the purchase of -(i) agricultural or forest produce; or(ii) the produce of animal husbandry (including hides and skins) or dairy or poultry farming; or(iii) fish or fish products; or .....

Latha Chandy Vs. Commissioner of Income-tax

Court : Kerala

Reported in : (2003)179CTR(Ker)463; [2003]260ITR385(Ker)

..... , on the facts and circumstances of the case, the appellate tribunal was justified in law and on facts in confirming the protective assessment made final without considering the agricultural source explained by filing agricultural income-tax assessment orders and in sustaining the additions of rs. 27,040 ?' 2. shri pathrose mathai, learned counsel appearing for the appellant, submits that there was no proper notice ..... appellant at any time prior to the service of the said assessment order on august 9, 1991. he further submitted that under section 282(1) of the income-tax act, a notice or requisition under the act has to be served on the person therein named, either by post or as if it were a summons issued by a court under the code of .....

T.C. Eapen Vs. Cit, Thiruvananthapuram

Court : Kerala

Reported in : [2006]156TAXMAN202(Ker)

..... the sale of the property mentioned above.2. search and seizure operations were carried out at the residence of the assessee on 19-3-1996 under section 132 of the income tax act. during the course of search, fixed deposit receipts with alappat fashion jewellery, trivandrum for an amount of rs. 11.5 lakhs were found out and seized. notice under section 158bc ..... of rs. 23,33, 100. without any contra evidence we are not inclined to accept the statement made by the assessee before the assessing officer under section 131 of the income tax act as well as the statement made by the purchaser that the consideration was rs. 17.05 lakhs. that being the situation the explanation that the extra amount of rs. 6 ..... year 1996-97 he had filed a return declaring an income of rs. 1,44,834 being interest on bank deposits alone on 17-4-1996. in the said return he had shown a sum of rs, 7,03,000 as the capital gain on the sale of 33 cents of agricultural land in survey no. 3195 of kawdiar village. exemption under .....