Court : Kerala
Reported in : (2002)175CTR(Ker)285; [2002]255ITR77(Ker)
..... concentrate our attention on the proviso which contemplates that in named contingencies the reopening can be effected even after the expiry of four yearsif,-(i) any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assesses to make a return under section 139, or (ii) in response to a notice issued under sub-section (1) of section 142 or section 148 or his failure to disclose fully and truly all material facts necessary for ..... (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to make a return under .....
Tag this Judgment!Court : Kerala
Reported in : (1998)150CTR(Ker)564
..... useful discussion as to how a liability of an assessee to pay tax, depends upon the provisions of the indian it act as they were in force on the 1st of april of the assessment year, is available in the judgment of chagla, c2. ..... therefore, of the view that the contention taken by the state that since the amendment has come into effect from 1st july, 1988, there should be two assessments in the year 1987-88, first, on the basis of schedule 1 available as on 1st april, 1987, and the second, on the basis of the schedule substituted w.e.f. ..... the previous year as the taxable turnover for the year of assessment was itself based on a fiction and in the absence of any express provision either in the act or in the rules or even in the notification setting out machinery for such a division of the year, it could not be held that the scheme of a fictional division can be projected into the previous year to make an artificial division of the turnover for imprinting thereon the altered rate of assessment as from the ..... the said act not being retrospective in operation, it could not be regarded as law in force at the commencement of the year of assessment 1967-58-, therefore, no surcharge could be levied under the act for the asst. yr. ..... referred:'(a) whether the principle applied with regard to the it act, that the law as stood on the first of april of any financial year must apply to the assessment of that year, shall also be applicable for the assessment of tax under the kerala plantation tax act? .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker182
..... of orissa and received whether within or without the province and determined in the manner laid down in sections 6 and 7.the question was whether the agricultural income which accrued to the assessee during the previous year 1948-'49 was liable to be assessed to agricultural income-tax in the assessment year 1949-50 under the orissa agricultural income-tax act. ..... , up till 31-3-1957 fell below the unit of 12 months called for by the definition of previous year under section 2(o) of the act.the instant proceedings as for the assessment year 1957-58 were therefore illegal in entirety and had to be struck down altogether. ..... learned advocate general, appearing for the respondents, strongly questioned the premise fundamental to the contention of the petitioners that the situation of the malabar area inside the madras state during the previous year with reference to the assessment year 1957-58, to major or full extent, raised any question of vires at all. ..... a part of the requisites for its action is drawn from time antecedent to its passing'.but however viewed, whether as operating retrospectively or prospectively, the act as made operative from 1-4-1957 purports to levy for the first assessment year under it, tax on income which is foreign both as derived and as received. .....
Tag this Judgment!Court : Kerala
Reported in : [1993]200ITR27(Ker)
..... : [1959]37itr549(ker) , already referred to, the assessment years were 1951-52, 1952-53 and 1953-54 and the question referred to this court was whether, under the kerala act, in calculating the assessable agricultural income of a rubber estate already planted and containing both mature yielding rubber trees and also immature rubber plants which have not come into bearing, the annual expenses incurred for the ..... we have already stated that the claim for deduction of the entire interest is for all the three assessment years and the claim is under section 5(b) of the kerala act. ..... 133 of 1991 and 129 of 1991 for the assessment year 1977-78 where the question of rent alone arises are fully allowed ..... to this extent, all the six revisions are allowed covering assessment years 1975-76, 1976-77 and 1977-78, so far as rent is concerned.55 ..... in the result, in all the three assessment years the deduction of the expenditure incurred on immature plants was disallowed.18 ..... it may also be noted that non-deduction of the rent in part is the subject-matter of the appeals in all the three years, while the non-deduction of the interest charges in part, as stated above, relates to the two assessment years 1975-76 and 1976-77.2. ..... case : [1959]37itr549(ker) , which, as already stated, related to the assessment years 1951-52, 1952-53 and 1953-54. ..... , the tribunal has not given any clear-cut findings in so far as the claim for deduction of interest in respect of the assessment years 1975-76 and 1976-77 is concerned. .....
Tag this Judgment!Court : Kerala
Reported in : [1993]200ITR366(Ker)
..... objections raised by the assessee, the commissioner of agricultural income-tax held in his order dated august 6, 1981, that the order passed in the revision petitions for the years 1961-62, 1962-63 and 1963-64 was not binding for the other assessment years, that there was no mention regarding the capital allotted to each partner though there is a stipulation that the net profit should be divided among the partners and that as ..... --(1) on receipt of an application for the registration of a firm, the assessing officer shall inquire into the genuineness of the firm and its constitution as specified in the instrument of partnership, and -- (a) if he is satisfied that there is or was during the previous year in existence a genuine firm with the constitution so specified, he shall pass an order in writing registering the firm for the assessment year ;(b) if he is is not so satisfied, he shall pass an order in writing refusing to register the ..... view was taken by the deputy commissioner of agricultural income-tax and sales tax for the assessment years 1969-70 to 1974-75 under proceedings dated july 20, 1981, which is the subject-matter of ..... the above partnership deed which is relevant for the assessment year 1979-80 refers to a branch office at calicut and provision for opening branches ..... annexure c-2, the partnership deed relevant for the assessment year 1979-80, also gives similar indications regarding the individual shares of the partners in the profits of the two branches of the firm at .....
Tag this Judgment!Court : Kerala
Reported in : [1982]134ITR695(Ker)
..... such person in consequence of or to give effect to any finding or direction contained in an order under section 23 , 24 , 25 , 27 or 29 :provided that the provisions of this sub-section shall not apply in any case where any such assessment or reassesssment relates to an assessment year in respect of which an assessment or reassessment could not have been made at the time the order which was the subject- matter of the appeal, reference or revision, as the case may be, was made by reason of any provision limiting ..... such omission or failure as is referred to in clause (a), that the net wealth chargeable to tax has ecaped assessment for any year, whether by reason of under-assessment or assessment at too low a rate or otherwise;he may, in cases falling under clause (a) at any time within eight years and in cases falling under clause (b) at any time within four years of the end of that assessment year, serve on such person a notice containing all or any of the requirements which may be included in a notice ..... of his net wealth or the net wealth of any other person in respect of which he is assessable under this act for any assessment year or to disclose fully an truly all material facts necessary for assessment of his net wealth or the net wealth of such other person for that year, the net wealth chargeable to tax has escaped assessment for that year, whether by reason of under-assessment at too low a rate or otherwise;or(b) has, in consequence of any information in his possession, .....
Tag this Judgment!Court : Kerala
Reported in : [1998]231ITR707(Ker)
..... was originally assessed to the kerala agricultural income-tax on july 1, 1988, for the assessment years 1978-79 and ..... the relevant assessment years are 1978-79 ..... he contended that the principle of lex situs has to be applied in this case and since the estate, the income from which is assessed is situate within the territory of the state of kerala, the provisions of the kerala joint hindu family system (abolition) act, 1975, should decide the manner in which the properties are to be held by ..... the commissioner found from the assessment records that original assessments for the years 1978-79 and 1979-80 were completed assigning the assessee's ..... that since the properties are situate in kerala, the kerala joint hindu family system (abolition) act, 1975, is applicable to the property, income from which is being assessed and, therefore, the view taken by the deputy commis-sioner is unsustainable.5. ..... was taken in respect of the assessment for the year 1979-80 also. ..... the assessing authority took the view that for the year 1978-79, the assessee has to be granted the status of tenants-in-common with his wife ..... the proceedings initiated pursuant to section 75 of the agricultural income-tax act, 1991, were issued on february 4, 1992, that is, within four years from the date of completion of the assessment. ..... assessment orders for the years 1978-79 and 1979-80 were set aside and the cases were remanded back to the agricultural income-tax officer, chittur, for fresh disposal after proper verification in .....
Tag this Judgment!Court : Kerala
Reported in : [2004]135STC78(Ker)
..... transport company's case the full bench observed that the statement of the law expressed in the said decision is correct in so far as it laid down that a valid exercise of the revisional power is not an infringement of the power of assessing escaped turnover, that it requires qualification in so far as it stated that the revisional power is restricted to the examination of the records ; vide the decisions in the cheria abdulla's case : [1965]1scr601 and swastik oil mills's case [ ..... under section 19 and the other under section 35 the stringent procedure must give way to the less stringent also is without any substance in view of the legal position that the powers conferred on the assessing authority under section 19 for reopening the assessment and the powers conferred on the deputy commissioner under section 35 of the act are distinct and different and a valid exercise of the revisional power is not an infringement of the power ..... he further submitted that in the instant case the deputy commissioner had before him the order passed by the intelligence officer on may 18, 1992 based on the vehicle check conducted by him during the very same assessment year and the assessment order clearly showed that the assessing authority did not consider the said order since the said materials came into existence only after the completion of the assessment. ..... the assessment year concerned is 1988-89. ..... the original assessment of the assessee for the year 1988-89 was completed on november 27, 1990. .....
Tag this Judgment!Court : Kerala
Reported in : [1969]72ITR664(Ker)
..... the respondent who is the inspecting assistant commissioner of agricultural income-tax and sales-tax (special), kozhikode, prohibiting him from taking further proceedings for assessing the petitioner as the manager of the poomuli mana in the status of a hindu undivided family to agricultural income-tax for the assessment year 1961-62 pursuant to exhibit p-1 notice dated march 10, 1965, issued under section 35 and exhibit p-3 notice issued under section 17(4) of the agricultural income-tax act ..... to the petitioner under section 35 of the agricultural income-tax act, 1950, hereinafter referred to as the act, proposing to reassess the income of the family of which the petitioner was the karta and manager for the year commencing from april 1, 1960, and ended on march 31, 1961, and chargeable to tax for the assessment year 1961-62 and also to restrain him from proceeding further in pursuance of exhibit p-3 notice issued under section 17(4) of the act,38. ..... i think, the answer to the contention is that, although the department made several previous attempts to assess the family as a hindu undivided family and in fact assessed it as hindu undivided family for the assessment year 1958-59, all those attempts were thwarted and the order of assessment was quashed by the orders passed by the high court and so it can reasonably be said that the family is being assessed for the first time as a hindu undivided family. .....
Tag this Judgment!Court : Kerala
Reported in : (1991)99CTR(Ker)234; [1992]197ITR95(Ker)
..... no provision was made by the assessee in the accounting period relevant to the assessment year 1970-71, nor was it claimed in that year, in the accounts for the year ending on march 31, 1970, it was indicated that there was a possible liability ..... parties involved in both the references are the same and they relate to the same assessment year 1971-72, we heard the above references together and a common judgment is delivered in the ..... amount received to capital gains tax, (2) whether solatium is part of the sale consideration and so part of the capital asset, and (3) whether the assessee-company is entitled to claim gratuity during the assessment year 1971-72--the commissioner of income-tax (appeals) held against the assessee. ..... was substituted by contractual liability and so the claim made for deduction in the assessment year 1971-72 (accounting period ending on march 31, 1971) should be allowed. ..... of the case and on the evidence on record, the tribunal was right in law in holding that the assessee-company was not entitled to claim gratuity during the assessment year 1971-72 either as business expenditure or as a deduction in computing capital gains ? 3. ..... the statutory liability was replaced by a contractual liability by the settlement effected on december 27, 1972, it should be stated that the date of the settlement did not fall in the accounting year relevant to the assessment year under consideration and, on that basis, also the claim cannot be allowed in the assessment year 1971-72. .....
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