Court : Kerala
Reported in : [1988]69STC119(Ker)
..... v. state of kerala [1974] 34 stc 73 (sc) in which it was held that the additional tax levied under the tamil nadu additional sales tax act (14 of 1970) was really a tax on the sale of goods and not on the income of a dealer.kodar's case (1974) 4 scc 422, as adverted to earlier, deals also with the ..... to the constitution is rendered wide enough to cover cooked food and beverages served in hotels and restaurants. the aforesaid amendments to the kerala general sales tax act introduced by the finance act 18 of 1987 are challenged as violative of article 14 of the constitution. its restrospective effect from 1st of july, 1987 is also challenged on the ..... about the needs of the society.7. the inclusion of 'khandsari' in the definition of 'agricultural products' in section 2(a) of the u.p. krishi utpadan mandi adhiniyam (act), 1964 leaving out 'khandsari sugar' and made subject to regulations under the act by way of licences, etc., was upheld by the supreme court overruling the plea of violation .....
Tag this Judgment!Court : Kerala
Reported in : (2003)185CTR(Ker)111; [2004]265ITR312(Ker)
..... gold, silver, platinum or any other precious metal or and alloy containing one or more of such precious metals are included. under clause (v) land other than agricultural land are included. it also provided that nothing in this clause shall apply to any unused land held by the assessee for industrial purposes or for construction of a ..... and 'industrial purposes'.21. the memorandum explaining the above amendments (1988) 170 itr 204 reads thus ;'54. under the existing provisions of section 40 of the finance act, 1983 wealth-tax is levied in respect of the net wealth of all closely-held companies. for the purposes of determining the net wealth of the company, the value of only specified ..... lunch room mainly for the welfare of its employees and the land appurtenant to such building or part :provided that each such employee is an employee whose income (exclusive of the value of all benefits or amenities not provided for by way of monetary payment) chargeable under the head 'salaries' under the .....
Tag this Judgment!Court : Kerala
Reported in : (1994)121CTR(Ker)245; [1994]210ITR121(Ker)
..... petitions are replete with averments regarding the alleged incompetence of the union parliament to impose such an additional tax under entry 82 of the union list. the contention is that entry 82 authorises imposition of tax only on income other than agricultural income. income, counsel states, is something which connotes a thing that comes in and not a loss. but ..... the appellate tribunal and that is pending.3. the commissioner of income-tax in his order, exhibit p-5, relied on the retrospective amendment introduced to section 143(1a) by the finance act of 1993, with retrospective effect from april 1, 1989, under which additional tax was made leviable even in cases where the net result wasa loss ..... t.l. viswanatha iyer, j.1. i shall state the facts in original petition no. 1907 of 1994.2. the petitioner is an assessee to tax under the income-tax act, 1961 ('the act'). for the assessment year 1990-91, the petitioner filed a return on december 31, 1990, declaring a total loss of rs. 79,66,386, .....
Tag this Judgment!Court : Kerala
Reported in : (2002)174CTR(Ker)464; 2003(156)ELT17(Ker); [2003]264ITR633(Ker); 2006[2]STR554; [2007]8STT353
..... buildings under section 3 of the punjab urban immovable property tax act, 1940 measured by a percentage of the annual value of such buildings remained a tax on building under that act even though the measure of annual value of a building was also adopted as a standard for determining income from property under the income tax act. it was pointed out that although the same standard was ..... experimental economic legislation but on that account alone it cannot be struck down as invalid. the courts cannot, as pointed out by the united states supreme court in secy, of agriculture v. central roig refining co. (338 us 604 (1949)), be converted into tribunals for relief from such crudities and inequities. there may even be possibilities of abuse, but that too .....
Tag this Judgment!Court : Kerala
Reported in : (2009)19VST62(Ker)
..... language used and then to apply that meaning to the facts of the case and in that process if the tax-payer is brought within the net he is caught, otherwise he has to go free [vikrant tyres ltd. v. first income-tax officer, mysore : (2001)166ctr(sc)1 ].17. again this principle is reiterated by the supreme court ..... this view has been reiterated by this court time and again. thus, in state of bombay v. automobile and agricultural industries corporation, bombay [1961] 12 stc 122 (sc), this court said:but the courts in interpreting a taxing statute will not be justified in adding words thereto so as to make out some presumed object of the legislature ... ..... regarding retrospective application of the notification occurring in the last paragraph of the notification. we do not propose to deal with the notices issued under section 43 of the act or regarding the assessment, which is the subject-matter of w. a. no. 118 of 2003. all these questions are relegated to the statutory authorities for disposal .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker62
..... learned advocate of the writ petitioner in o. p. 347/59. the petition challenges the tax demanded from the petitioner under section 86 of the cochin municipal act no. xviii of 1113, on the ground of the income from his agricultural lands situated outside the municipal limits, not being from investment and not taxable. the learned judge ..... to ss. 3 and 4 of the indian income tax act which imposes income-tax upon a person in respect of his income; it determines what persons, in respect of what income are liable to be charged. construing ss. 3 and 4 of the income tax act his lordship kania, j. in chatturam v. commissioner of income tax, bihar, air 1947 fc 32 at p ..... 34. in air 1940 pc 124, their lordships were concerned with the interpretation of section 34 of the income-tax act. the argument of the assessee was that section 34 requires that before taking action thereunder the income-tax officer has to hold an enquiry. this argument was overruled by the privy council and lord normand observed as .....
Tag this Judgment!Court : Kerala
Reported in : (1980)16CTR(Ker)102
..... the said order in so far as it related to the status of the assessee. but differing from the ito he took the view that the property was agricultural and therefore, no question of capital gain would arise. for the said conclusion he relied upon the decision of this court in venugopala varmas case which was subsequently ..... no association in any profit-making activity. the tribunal was of the view that unless there was association for common purpose or action with the object of producing income the status of association of persons cannot be obtained or granted. it therefore held that the ladies could be assessed only as individuals.4. counsel for the revenue ..... of the it act. in other words joint purchase and common management for producing income was all that was necessary. the principle of the decision was approved by the supreme court in indira balakrishanans case the court observed :'it is enough for our purpose to refer to three decisions : in re b. n. elias (1935) itr 408); cit v. laxmidas .....
Tag this Judgment!Court : Kerala
Reported in : (1992)104CTR(Ker)5; [1992]195ITR646(Ker); [1992]64TAXMAN176(Ker)
..... -76. the claim of the assessee for exemption is based on section 5(1)(viiia) of the wealth-tax act as it stood then. that means that the assets made mention of in this clause namely, growing crops (including fruits of trees) on agricultural land and grass on such land shall not be included in the net wealth of the assessee. this claim ..... e. k. joseph, e. k. mathew and bros v. cwt : [1985]155itr507(ker) . we may, in this connection, refer to the finding of the assessing authority which reads :'... ultimately, the income-tax appellate tribunal, in their order in appeals nos. 134 to 136/coch. of 1975-76 dated march 29, 1977, held that no deduction in respect of standing crops is allowable ..... the affirmative and in favour of the department.a copy of this judgment under the seal of this court and the signature of the registrar shall be forwarded to the income-tax appellate tribunal, cochin bench.
Tag this Judgment!Court : Kerala
Reported in : (2005)199CTR(Ker)1
..... 158bc amounting to rs. 4,43,700 which has now been finally included in your income for the block period will attract the penal provisions under section 158bfa(2).(c) the amount of rs. 19,72,000 which you had claimed as agricultural income of your brother dr. p.p. abdul ghani and has subsequently been established as your ..... own income has also riot been disclosed in the return filed under section 158bc. this amount will also attract the provisions of ..... lakhs. assessment was completed under section 158bc of the act on 5th march, 1999. total income determined was rs. 80,69,510 and penal action was initiated under section 158bfa(2). assessment was contested by the assessee in appeal before the cit(a), kozhikode and the same was disposed of by the cit(a) by order dt. 23rd july, 1999. department .....
Tag this Judgment!Court : Kerala
Reported in : (2008)218CTR(Ker)80; [2009]311ITR177(Ker); 2008(1)KLJ561
..... for the petitioner submitted that when refund is claimed through a return, the process of assessment has to be completed as provided under chapter xiv of the income tax act. even though a claim for refund made by filing regular return invoices assessment to determine liability, it cannot be said that the exercise is a regular assessment ..... a return if it considers it desirable or expedient to do so for avoiding genuine hardship for the assessee. for easy reference section 119(2)(b) of the income tax act is extracted hereunder:section 119(2) without prejudice to the generality of the foregoing power:(a) ....(b) the board may, if it considers it desirable or ..... n. ramachandran nair, j.1. the petitioner is a co-operative society to be engaged in marketing agricultural produce of its members. even though society was entitled to exemption from income tax during the assessment year 1997-98, it remitted an advance tax of rs. 10 lakhs during the accounting year. besides this, an amount of rs. 47.957 .....
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