Court : Kerala
Decided on : Dec-17-1973
Reported in : [1976]102ITR202(Ker)
..... be the same if a company or a firm thus deals with land as a land-owner.' this is an extract from the passage in the commentaries to section 4 of the income-tax act, 1961, by kanga and palkhivala and the cases cited support the statement. the assessee, if he wanted to retain the estate that he had purchased would have ..... ltd. and mrs. sara cherian. nobody suggested that there was no need to discharge these debts on or before the due (sic) nobody suggested that it would be a prudent act to try and keep the (sic) estate without discharging the liabilities. nobody suggested that these liabilities had not been cleared. the tribunal took the view that a sale at the ..... .21. a copy of this judgment under the seal of the high court and the signature of the registrar will be sent to the appellate tribunal as required by sub-section (1) of section 260 of the income-tax act, 1961. .....
Tag this Judgment!Court : Kerala
Decided on : Jun-06-1973
Reported in : [1978]112ITR341(Ker)
..... , shall declare the rates applicable. neither of these things can alter the liability, a liability that arises and stems from the existence of the income-tax act containing the charging section, section 4. we have no doubt that the liability is a liability that arose on the valuation date (vide the supreme court decision in h. h. sethu ..... to the net wealth of the assessees for each of the years what we have mentioned, the entirety of the income declared for that year under section 68 of the finance act, 1965. counsel for the assessee has repeated the argument that was advanced by him before the learned single judge that the procedure adopted is not justified ..... state, as we have already stated, that the contention was that out of the income attributable to each of the assessment years, the tax leviable under section 68 of the finance act, 1965, must be deducted for the purpose of arriving at the net wealth assessable to wealth-tax. the assessees, the appellants, had already been assessed .....
Tag this Judgment!Court : Kerala
Decided on : Jun-29-1973
Reported in : [1977]110ITR402(Ker)
..... the receipts by him from sale of rubber obtained by such tapping is ' income derived from land which is used for agricultural purposes ', within the meaning of section 2(a) of the act. such receipts in the hands of one who has no interest in the lands on which the trees are standing may not be agricultural income, but not so ..... rent, it has been held that it is not agricultural income. if an application was made before the tribunal to refer that question to this court under section 60(1) of the act we conceive that the tribunal would have been bound to refer that question. we may add that this is the real question in the case and only ..... and in the circumstances of the case, the income derived from the old rubber trees on slaughter tapping is agricultural income as denned in clause (a) of section 2 of the kerala agricultural income-tax act, 1950 '2. the question whether income received from ' slaughter-tapping ' (we will conveniently use this term to mean the practice of rubber trees being .....
Tag this Judgment!Court : Kerala
Decided on : Nov-15-1973
Reported in : [1976]102ITR327(Ker)
..... it should have been shown to the defaulter. admittedly, that has not been done. therefore, the village officer has no authority to make attachment in the instant case. section 8(3) of the act does not apply to a case of attachment and sale of growing crops or ungathered products. what has been attached in this case is partly growing crops and ..... the first contention urged by the petitioner's counsel has to be sustained.3. the second contention seems to be equally tenable on the language of section 7 of the revenue recovery act, 1968. under this section the authorised officer (in this case the 1st respondent) has to furnish the village officer a demand in writing to be shown to the defaulter. ..... be done in the case of a change occasioned by an appeal if already a demand has been made as per the original assessment. that is why section 3(b)(ii) was enacted in act no. 23 of 1967. the person liable to pay the tax must know the amount payable by him-which, if he pays, can avert compulsory steps .....
Tag this Judgment!Court : Kerala
Decided on : Jan-25-1973
Reported in : AIR1974Ker2
..... the objections; and second that the acquisition was not really for a public purpose.3. as far as the first of these objections is concerned. section 5 (3) of the act requires the collector to publish a notification in the gazette and also cause public notice of the substance of such notification to be given at various places ..... b). the petitioner has alleged in paragraph 10 of the petition that after preferring ext. p2 objections he did not receive any notice of enquiry enjoined by section 5 of the act, nor was he heard in support of the objections. to this, the answer made in paragraph 6 of the counter-affidavit is in very vague and general ..... collector and that these reveal that the acquisition was necessary. it is also stated therein that after the service of notice under section 5 of the land acquisition act, on all the interested persons, the section 5 enquiry was conducted by the revenue divisional officer in the presence of the petitioner, and that the tahsildar has also conducted .....
Tag this Judgment!Court : Kerala
Decided on : Jun-14-1973
Reported in : [1974]97ITR228(Ker)
..... another notice, exhibit p-2, of the same date calling upon him to show cause why a penalty should not be imposed on him under section 18(1) of the act on the various grounds mentioned therein. thereupon, the petitioner filed this writ petition to quash the above assessment and the two notices.2. the assessment ..... a new objection in this court to the effect that the compensation payable for the said lands was agricultural property, that section 24 of the finance act, 1969, which amended section 2(e) of the wealth-tax act by including agricultural land in the definition of 'assets' was unconstitutional, and that the assessment of such an asset under ..... as they relate to the valuation of the compensation payable by the government to the petitioner for his agricultural lands vested in the government under section 72 of the kerala land reforms act, 1963. the second respondent may determine afresh the market value of the compensation on the valuation date in the light of the relevant legal .....
Tag this Judgment!Court : Kerala
Decided on : Jan-15-1973
Reported in : AIR1973Ker206
..... plaintiff that his predecessors might have been using the pathway by permission of the defendants' predecessors. explanation i to section 15 of the easements act, which is relevant in this connection lays down that:'nothing is an enjoyment within the meaning of this section when it has been had in pursuance of an agreement with the owner or occupier of the property over ..... enjoyed it adversely to the servient owner. again it is important to bear in mind that it is not every agreement that is a bar to the application of the section, but only such an agreement as answers to the test, laid down in this explanation.'this fundamental aspect of the question, it appears, has been lost sight of by the .....
Tag this Judgment!Court : Kerala
Decided on : Oct-23-1973
Reported in : AIR1974Ker154
..... of the property after excluding an area of ten cents surrounding the kudikidappu and there is absolutely no scope for referring the said question to the land tribunal under section 125 (3) of act 1 of 1964. 5. the view expressed by the subordinate judge that the civil court has no power to grant any injunction against a kudikidappukaran is not ..... is the fur-ither reason stated by the subordinate judge namely that the auestion involved in the present suit has to be referred to a land tribunal under section 125 (31 of act 1 of 1964 and that the civil court has no jurisdiction to issue an order of injunction. the plaintiff is not disputing in the suit the status of ..... that even if it is to be assumed that the suit is maintainable, the question involved in the suit has to be referred to the land tribunal as per section 125 (3) of act 1 of 1964, since the defendants are kudikidappu-kars, and that the civil court has no power to grant any injunction against a kudikidappukaran. the defendants have .....
Tag this Judgment!Court : Kerala
Decided on : Mar-14-1973
Reported in : [1974]97ITR232(Ker)
..... fact, the tax is exclusively relating to that dividend because the assessee had no other income and the tax is on the dividend income alone- now, turning to section 49b of the act, we shall read the whole of it;'49b. relief to shareholders in respect of agricultural income-tax attributable to dividends.--where a company pays to a shareholder any ..... from the tax payable. so we shall answer the real question.4. the quantum of the relief will have to be determined with reference to the provisions in section 49b of the act and those provisions do not relate the quantum of the relief to the quantum of the tax payable by an assessee. the quantum of income-tax payable by ..... question as worded, we think, has complicated matters. the real question is what is the amount of deduction from tax that the assessee was entitled to claim under section 49b of the act on the facts and in the circumstances of the case. the question as framed mixes up the quantum of the tax payable by the assessee apart from the .....
Tag this Judgment!Court : Kerala
Decided on : Feb-09-1973
Reported in : AIR1973Ker226
..... in other words any motion made to a court seeking to invoke its inherent powers would not be limited by a period of limitation prescribed under the limitation act.4. section 151 of the code of civil procedure saves the inherent power of the court. it says-'nothing in this code shall be deemed to limit or otherwise ..... urged and which according to me is substantial. new terms had been incorporated in the limitation act. 1963 in the definition section. i am referring to sections 2 (a) and 2 (b). section 2 (a) defines the term 'applicant' and that includes a petitioner and section 2 (b) defines the term 'application' and that includes a petition-apparently this may ..... , c. j., said-'but the question is whether an application invoking the inherent power of the court under section 151 of the civil procedure code, for payment out is governed by article 18l of the limitation act, 1908. in terms. section 151 of the code does not confer on the court any power as such. it merely declares the inherent .....
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