Court : Kerala
Decided on : Apr-07-1989
Reported in : AIR1989Ker317; [1989]180ITR511(Ker)
..... transactions, according to the counsel. the counsel also submits that even if the sham transaction does not satisfy the definition of benami transaction in section 2(a), section 4 of the act uses only the word 'benami' and not benami transaction. 27. the learned counsel for the respondent submits that the legal character and incidence ..... for detailed examination with the law commission of india which submitted its 130th report on aug. 14, 1988 and thereafter the present act was passed. 24. in the act, 'benami transaction' was defined in section 2(a) thus : -- 'benami transaction' means any transaction in which property is transferred to one person for a consideration ..... that the purchase was made on behalf of the plaintiff or on behalf of someone through whom the plaintiff claims. section 281a of the income tax act inserted by the taxation laws (amendment) act, 1972 provided for the effect of failure to furnish information in respect of properties held benami and prohibited institution of .....
Tag this Judgment!Court : Kerala
Decided on : May-24-1989
Reported in : (1989)79CTR(Ker)1; [1989]180ITR102(Ker)
..... , against the assessee and in favour of the revenue.4. the only other question is regarding the entitlement to the weighted deduction under section 35b of the income-tax act. section 35b(1)(b)(v) of the act is as follows :'35b(1)(b). the expenditure referred to in clause (a) is that incurred wholly and exclusively on--... (v) ..... incidental thereto. thenecessity to obtain the certificate of fitness will arise only after the contractis concluded and supply is made. the expenditure contemplated under section 35b(1)(b)(v) of the act relates to a stage anterior to the conclusionof the contract. in this view of the matter, we are of the view that theappellate tribunal ..... rs. 19,233 was paid for obtaining a certificate of fitness and the assesseewas not able to substantiate that the said claim will come within section 35b(1)(b) of the act. the income-tax appellate tribunal held that theexpenditure was incurred for the supply of goods outside india and not forthe purpose of preparation of the .....
Tag this Judgment!Court : Kerala
Decided on : Jun-07-1989
Reported in : [1990]76STC211(Ker)
..... at all in this case. we find from exhibits p3 and p4 that the assessing authority has totally failed to apply his mind to the only requirement of section 6a(2) of the act, namely, to find whether the particulars contained in the declarations (f forms), furnished by the dealer, are 'true'. that question alone arose for consideration before the ..... enquiry, that can be conducted by the assessing authority under section 6a(2) of the act, is certainly for him to decide. it is his duty to verify and satisfy himself that the particulars contained in the declaration furnished by the dealer are ..... in the declaration furnished are correct, or dependable, or in accord with facts or accurate or genuine. that alone is the scope of the enquiry contemplated by section 6a(2) of the act. on the conclusion of such an enquiry, he should record a definite finding, one way or the other. as to what should be the nature of the .....
Tag this Judgment!Court : Kerala
Decided on : Jun-07-1989
Reported in : AIR1990Ker84
..... board in this behalf may apply to the district judge for one or more of the reliefs contemplated therein. reading rule 1 of order xxix and section 31 of the act together and harmoniously it must follow that any officer generally or specially authorised by the board in that behalf can be regarded as principal officer for ..... if the word is to mean the most important officer, then not more than one officer in the corporation will be able to sign the petition. section 31 of the act states, inter alia, that in cases of default in repayment of any loan or advance or any instalment thereof, any officer of the financial corporation, ..... , trichur are the appellants herein.2. first respondent herein, kerala financial corporation, filed the o.p. before the district judge under section 31 of the state financial corporations act, 1951 (for short 'the act') claiming reliefs against the respondents in the petition in regard to the recovery of amounts borrowed by those respondents from the corporation by .....
Tag this Judgment!Court : Kerala
Decided on : Jun-09-1989
Reported in : [1989]180ITR289(Ker)
..... the appellate tribunal held that, under section 2(e) of the wealth-tax act, 'asset' includes property of every description movable and immovable and the life interest of the assessee in the two-storeyed building related to an interest ..... that the decision of the appellate tribunal holding that the respondent-assessee having only life interest in the building is entitled to exemption under section 5(1)(iv) of the wealth-tax act, is valid and justified in law.5. we answer the question referred to us in the affirmative, in favour of the assessee and ..... testator, gopala pillai. the wealth-tax officer brought to tax the life interest of the assessee over this property. the assessee claimed exemption under section 5(1)(iv) of the wealth-tax act in respect of this property, the claim was rejected by the assessing authority. in appeal, the said decision was confirmed. in second appeal, .....
Tag this Judgment!Court : Kerala
Decided on : Jun-13-1989
Reported in : [1990]182ITR194(Ker)
..... holding that the assessee is entitled to weighted deduction, on the amount claimed by it, under section 35b of the act.3. in the absence of a positive finding in the order of the commissioner of income-tax (appeals) as also in the order of the appellate tribunal, we ..... definite finding should be entered. on entering such a finding, the further question as to whether it is legally permissible for the assessee to claim the deduction under section 35b of the act will arise. in so far as it has not been done in the instant case, we are of the view that the appellate tribunal erred in law in ..... been no evaluation or definite finding as to whether the assessee paid the commission, as stated by him, and if so whether it is a permissible deduction under section 35b of the act. theappellate tribunal has not adverted to this omission in the order passed by the commissioner of income-tax (appeals). therefore, we are of the view that neither .....
Tag this Judgment!Court : Kerala
Decided on : Jun-19-1989
Reported in : [1990]79STC343(Ker)
k.s. paripoornan, j.1. the revenue is the revision petitioner. the respondent (firm) is an assessee under the kerala general sales tax act, 1963 (in short, 'the act'). we are concerned with the assessment year 1985-86. the assessee-firm is doing business in arrack and toddy. the assessee's business premises were inspected by the intelligence officer .....
Tag this Judgment!Court : Kerala
Decided on : Jun-19-1989
Reported in : 1991LC272(Kerala); 1989(24)LC445(Kerala); 1990(48)ELT13(Ker)
..... of fact, no questions of law arise for reference. it is, thereafter the petitioner approached this court to refer the questions of law formulated herein above under section 35g(3) of the act.4. we heard counsel on behalf of the petitioner, shri c.k.s. panicker and shri p.v. madhavan nambiar, central government pleader on behalf of ..... 8/81 to 8/85 from the petitioner under rule 9(2) of the central excise rules, 1944 read with the proviso to sub-section (1) of section 11a of the central excises and salt act, 1944. the petitioner was also directed to show cause as to why the tread rubber seized from the premises of sri. narayanankutty weighing 441 ..... and that was cancelled.3. aggrieved by the said decision the petitioner filed an application to refer the questions of law specified herein above under section 35g(1) of the central excises and salt act, 1944. by order dated 17-10-1988 the tribunal rejected the application holding that the applicant was given adequate opportunity of being heard and .....
Tag this Judgment!Court : Kerala
Decided on : Jun-20-1989
Reported in : II(1989)ACC565
..... for the claimants would contend that since the cyclist was only 13 years old be cannot be found guilty of contributory negligence. contributory negligence means there has been some act or omission on the part of the plaintiff or claimant which has naturally contributed to the accident and the damage caused and is of such a nature that it may ..... ordinarily a child of that age could not be expected to pause to see for herself whether it was safe to proceed ahead and she was not entirely negligent in acting on the signal of the lorry driver without herself looking out to see whether any vehicle was coming. the question of contributory negligence did not arise in this case. ..... and circumspect and the driver ought to have stopped the bus when the children were moving towards the exit and the boy could not be regarded as responsible for his act.11. in usman gani mohammad v. state of maharashtra 1980 acj 35 (sc), a fifteen-year-old domestic servant was leading two children of 9 and 7 years and .....
Tag this Judgment!Court : Kerala
Decided on : Jun-21-1989
Reported in : AIR1990Ker55
..... , it is necessary to consider the meaning and connotation of the expression 'desertion'. desertion is a specific ground for petition for divorce under section 13 of the hindu marriage act. section 13(1)(i) refers to the spouse deserting the petitioner for a continuous period of not less than two years immediately preceding the presentation ..... the person who has withdrawn from the society.'we notice that the explanation was added by the marriage laws amendment act 68 of 1976. by the amendment act sub-section (2) of section 9 was omitted. sub-section (2) reads as follows:'nothing shall be pleaded in answer to a petition for restitution of conjugal rights which ..... circumstances of the case it is necessary to appreciate the principles of law governing a case like this. restitution is claimed by virtue of section 9 of the hindu marriage act. the section reads thus:'9. restitution of conjugal rights. when either the husband or the wife has, without reasonable excuse, withdrawn from the society of .....
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