Court : Kerala
Reported in : [1968]69ITR304(Ker)
..... force till the merger of the state of cochin with the state of travancore on july 1, 1949, and even thereafter, till the passing of the finance act, 1950. section 13 of the finance act, 1950, in so far as it is material, provides as follows :'if immediately before the 1st before the 1st day of april, 1950, there is ..... prevent the imposition of fresh taxes by a subsequent statute. sion collage case was dealt was by the divisional court. by section 51 of 7 george 3 - chapter 37, it was provided that certain lands in the city of london reclaimed from the thames should vest in the adjoining owners 'free from all taxes and assessments whatsoever ..... second associated newspapers case, the identical provisions of the two statutes considered in the sion college case, namely, section 51 of 7 george 3 - chapter 37, and section 169 of 11 & 12 victoria - chapter clxiii came up for consideration. it was ruled by lord haldane, lord parmoor and lord wrenbury (lord sumner contra) that an exemption from all .....
Tag this Judgment!Court : Kerala
Reported in : [1997]228ITR314(Ker)
..... the case of any person, then, the assessing officer shall proceed to assess the undisclosed income in accordance with the provisions of this chapter.'4. chapter xiv-b was inserted in the income-tax act, 1961, by the finance act, 1995, with effect from july 1, 1995. it is an admitted case that the search was conducted in this case under section ..... will not apply in a case where a search is initiated under section 132 before june 30, 1995, the date on which the finance act, 1995, came into force. in that view, it cannot be said that chapter xiv-b has retrospective operation. at the same time, the definition of 'block period' contained in section 158b indicates that it operates ..... 132 of the act and that it was on february 23, 1996. that means chapter xiv-b as it stands now would apply in the present case. earlier chapter xiv-b was .....
Tag this Judgment!Court : Kerala
Reported in : (2005)198CTR(Ker)625; [2005]279ITR482(Ker)
..... of section 88, deduction in respect of life insurance premia, contribution to provident fund, etc. were governed by the provisions contained in section 80c which section was omitted by finance act, 1990 w.e.f. 1st april, 1991 with the insertion of section 88. what was allowed by way of deduction from the total income under section 80c is now ..... he is chargeable for any assessment year, of an amount equal to (i) in the case of an individual whose gross total income before giving effect to deductions under chapter vi-a, is one lakh fifty thousand rupees or less, twenty per cent of the aggregate of the sums referred to in sub-section (2). we are not concerned ..... order to appreciate the rival submissions, it is necessary to refer to some of the relevant provisions under the it act which have a bearing on the question. chapter viii of the it act deals with rebates and reliefs. sec. 87 of the it act states that in computing the amount of income-tax on the total income of an assessee with which he is .....
Tag this Judgment!Court : Kerala
Reported in : [2009]312ITR31(Ker); 2008(2)KLJ652; [2009]180TAXMAN319(Ker)
..... in this case are certain questions relating to the interpretation of some of the provisions in chapter xii-g of the income tax act, 1961, the 'act', for short, providing special provisions relating to income of shipping companies, as per the finance act, 2004, hereinafter referred to as the 'finance act'.chapter xii-g of the act provides, among other things, a tonnage tax scheme, which is optional. that ..... chapter, comprising of sections 115v to 115vzc, was inserted in the act, with effect from 1-4-2005.2. the petitioner opted for the tonnage tax scheme .....
Tag this Judgment!Court : Kerala
Reported in : [2010]187TAXMAN136(Ker)
..... year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the finance act, 2000, the undertaking shall be entitled to deduction referred to in this sub-section only for the unexpired period of the aforesaid ten consecutive assessment years ..... the definition clause contained in the policy, it falls within the definition clause of 'manufacture' contained in the policy by necessary implication. the definition contained in chapter ix of the ex1m policy under clause 9.30 is as follows:'manufacture' means to make, produce, fabricate, assemble, process or bring into existence, by hand ..... granted based on the exim policy framed by the government periodically. in this context it is pertinent to refer to the definition of 'manufacture' contained in chapter ix of the exim policy extracted above. we notice that 'manufacture' is given a very wide definition to take in even processing involving conversion of .....
Tag this Judgment!Court : Kerala
Reported in : (2009)226CTR(Ker)403; [2009]183TAXMAN23(Ker)
..... decision of the supreme court in cit v. max india ltd : [2007] 295 itr 282 : [2008] 166 taxman 18, contended that the amendment to clause (a) by finance act, 2002 with effect from 1-7-1994, which requires completion of assessment prior to the date of commencement of search, was not applicable because the amendment was introduced retrospectively subsequent ..... for the assessment year 1997-98 in the computation of income for the block period 1-4-1986 to 5-3-1997 under section 158bb of the act. the assessment under chapter xiv-b was initiated pursuant to a search carried out on 5-3-1997 in the premises of the assessee. as on the date of search, ..... the income-tax department appearing for the appellant and learned counsel appearing for the assessee.4. since computation of income for the purpose of block assessment under chapter xiv-b of the act has to be done under section 158bb, we have to refer the said section. for this purpose, section 158bb with relevant amendments is extracted below:158bb. .....
Tag this Judgment!Court : Kerala
Reported in : [1999]236ITR869(Ker)
..... cit : [1997]228itr314(ker) , and another decision of the punjab and haryana high court in raja ram kul-want rai v. asst. cit .4. chapter xiv-b of the act provides a special procedure for assessment of search cases. section 158b defines block period as well as undisclosed income. section 158ba deals with the assessment of undisclosed income ..... be in addition to the regular assessment. therefore, there is no scope for any ambiguity or doubt in this regard. clarification in the memorandum explaining the provisions of the finance (no. 2) bill, 1998, states as follows (see [1998] 231 itr 228) :'to set at rest the controversy as to whether block assessment subsumes the regular ..... with a regular assessment. this section though refers to a block period, cannot make an assessment other than the undisclosed income. the explanation inserted by the finance (no. 2) act of 1998, with effect from july 1, 1995, clears all the doubts, if any, on the issue. explanation (a) states that the assessment made under .....
Tag this Judgment!Court : Kerala
Reported in : [2010]187TAXMAN1(Ker)
..... empowered committee for approval. the empowered committee consists of the chief secretary of the state as the chairman. the other members are the principal secretary, secretary (finance), secretary (pwd), secretary (law), secretary (ftp) and any other member nominated by the chief secretary. it considers the proposal and would make necessary modifications ..... manifest injustice, the court would strive to place an interpretation which has the effect of avoiding of the said effect.11. section 194la falls in chapter 17, which relates to collection and recovery of tax. section 190 reads as follows:190. deduction at source and advance payment.--(1) notwithstanding that ..... ' or 'enhanced compensation' are concepts which are drawn by the legislature bearing in mind the meaning it has come to acquire under the land acquisition act. in other words, the word 'compensation' must mean compensation which is given under an award passed by the appropriate collector and the words 'enhanced compensation .....
Tag this Judgment!Court : Kerala
Reported in : (1989)78CTR(Ker)34; [1989]177ITR1(Ker)
..... accepted the assessee's contention and allowed the appeal. the above bench decision dealt with the liability of an assessee on a declaration made under section 68 of the finance act, 1965, in second appeal, the income-tax appellate tribunal concurred with the decision of the commissioner of income-tax (appeals), by order dated may 4, 1981. ..... in respect of the disclosure made under section 3(1) of the voluntary disclosure of income and wealth act, 1976?' 2. the respondent is an assessee to wealth-tax. we are concerned with the assessment year 1970-77. the valuation date for this assessment yearis september 30, 1975. the respondent-assessee made a voluntary ..... disclosure under section 3(1) of the voluntary disclosure of income and wealth act, 1976. by such declaration, he became liable to pay income-tax .....
Tag this Judgment!Court : Kerala
Reported in : 2006(3)KLT581; (2007)8VST587(Ker)
..... .ps to p8 objections to the proposals to impose penalty on it. it was pointed out that section 5(3) of the k.g.s.t. act has been amended by finance act 2000, with effect from 01.04.2000, deleting the first proviso, which provided that the concessional rate of tax will be applicable, if only the finished ..... -administrative law 7th edn. (1994) discuss the subject regarding the jurisdiction of superior courts over subordinate courts and tribunals under the head 'jurisdiction over fact and law' in chapter 9, pp. 284 to 320. the decisions before anisminic and those in the post-anisminic period have been discussed in detail. at pp. 319-320, the authors give ..... in the latest edition of de smith on judicial review of administrative action-edited by lord woolf and jowell.q.c. (professor of public law, 5 edn. -1995) in chapter 5, titled as 'jurisdiction, vires, law and fact' (pp-223-204), there is exhaustive analysis about the concept 'jurisdiction' and its ramifications. the authors have discussed the .....
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