Court : Kerala
Reported in : [1989]180ITR323(Ker)
..... before the tribunal, the assessee had relied on the circular letter written by the assistant chief officer of the industrial finance department of the reserve bank of india to the state financial corporations, wherein reference has been made to a communication of the central board of direct taxes dated november 12, 1973, to substantiate its plea that it is entitled to deduction of 10% of the total income and not of the total assessed income. ..... 204/35/73/ita-ii, dated 12th november, 1973, to the ministry of finance of the government of india that the deduction envisaged in section 36(1)(viii) is on the total income computed before making any deduction under chapter vi-a and before making any deduction under section 36(1)(viii) is not binding on the subordinate authorities as an instruction under section 119 of the act ?' 2. ..... according to the commissioner, section 36(1)(viii) of the income-tax act clearly directed computation of the allowance before making any deduction under chapter vi-a and so this necessarily implied that whatever deduction was intended by the legislature was expressly specified therein and the intention of the legislature not to make the deduction under section 36(1)(viii) also, as in the case of the allowance under chapter vi-a, clearly showed that the allowance under section 36(1)(viii) had to be deducted while computing ..... 30,41,567 by way of deduction under section 36(1)(viii) of the act, before the allowance of relief under chapter-via. .....
Tag this Judgment!Court : Kerala
Reported in : [1971]79ITR72(Ker)
..... out of the above section the words 'by the provisions of chapter xviib or' had been omitted by the finance act of 1968 with effect from april 1, 1968. ..... in these criminal revision petitions the order committing the petitioner for trial to the sessions court in respect of charges under sections 276(d) and 276b of the income-tax act, 1961, which will hereinafter be referred to as ' the act ', has been challenged on the ground that the charge under section 276b is violative of article 20(1) of the constitution of india and that the charge under section 276(d) is not otherwise sustainable.2. ..... into force on april 1, 1962, it is better to quote the relevant provisions of the old income-tax act, 1922, section 18(3d) of that act read as follows :' the principal officer of an indian company or a company which has made the prescribed arrangements for the declaration and payment of dividends (including dividends on preference shares) within india shall, before making any ..... after deducting the amount of tax out of the dividend under the above section, the principal officer of the company shall pay that, within the prescribed time, to the central government as required by section 18(6), which read as follows :' all sums deducted in accordance with the provisions of this section shall be paid within the prescribed time by the person making the deduction to the credit of the central government or as the central board of revenue directs.'6. .....
Tag this Judgment!Court : Kerala
Reported in : (1976)5CTR(Ker)214
..... -term capital assets and has exercised the option under sub-section (2) of that section or where he has no income under any other head, the whole loss shall, subject to the other provisions of this chapter, be carried forward to the following assessment year, and -(i) it shall be set off against the profits and gains, if any business profession carried on by him and assessable for that assessment year :provided ..... where the facts are as follows : the assessee-company'persisted in seeking for business - business which, if they got, they would have had to finance some how and to carry out which they would have had to acquire plant and workmen whether the business was in this country or elsewhere. ..... the additional commissioner of income-tax, acting under section 263 of the income-tax, act 1961, called for and examined the records ..... he therefore directed the income-tax officer to revise the assessment by deleting the carry ..... direct the parties to bear their respective consts in this tax ..... - the question which ahs been referred to us by the income-tax appellate tribunal, cochin bench, is as follows :-'whether on the facts and circumstances of the appellants case, the appellate tribunal ought not to have come to the conclusion that the appellant is entitled to ..... the assessee, the tribunal confirmed the above direction of the additional commissioner.4. ..... judgment under the seal of the high court and signature of the registrar will be forwarded to the income-tax appellate tribunal, cochin bench. .....
Tag this Judgment!Court : Kerala
Reported in : [1976]105ITR688(Ker)
..... short-term c4pital assets and has exercised the option under sub-section (2) of that section or where he has no income under any other head, the whole loss shall, subject to the other provisions of this chapter, be carried forward to the following assessment year, and- (i) it shall be set off against the profits and gains, if any, of any business or profession carried on by him and assessable for that assessment year : provided that ..... dunn, [1924] 8 tc 663 where the facts are as follows : 'the assessee-company persisted in seeking for business--business which, if they got, they would have had to finance somehow and to carry out which they would have had to acquire plant and workmen whether the business was in this country or elsewhere. ..... year 1964-653,37945,117 the additional commissioner of income-tax, acting under section 263 of the income-tax act, 1961, called for and examined the records of the proceedings ..... the question which has been referred to us by the income-tax appellate tribunal, cochin bench, is as follows :'whether, in the facts and circumstances of the appellant's case, the appellate tribunal ought not to have come to the conclusion that the appellant is entitled to carry forward the ..... we direct the parties to bear their respective costs in this tax referred case.a copy of this judgment under the seal of the high court and signature of the registrar will be forwarded to the income-tax appellate tribunal, cochin bench ..... commissioner of income-tax, : [1973]87itr421(sc) ). .....
Tag this Judgment!Court : Kerala
Reported in : [1980]122ITR754(Ker)
..... --(1) if any person who is liable to make an annuity deposit under this chapter fails to make such deposit within the time specified therefor, the income-tax officer may direct that the depositor shall pay by way of penalty an amount not exceeding one-half of the annuity deposit which he is liable to make ..... we are of the opinion that despite the omission of the three sections by the finance act of 1966, from chap. ..... it referred the following question of law under section 256(1) of the income-tax act for determination and opinion of this court :' whether the income-tax officer on the date he completed the assessments for assessment years 1964-65, 1965-66 and 1966-67 was, after the repeal by way of omission of sections 280k and 280t of the income-tax act, 1961, with effect from april 1, 1967, competent to determine for these three assessment years the amount of annuity ..... act, by the provisions of the finance act, 1964, with effect from april 1, ..... act, 1961, introduced by the finance act, 1964 ..... by the finance act, 1966, the provisions of sections 280k, 280r and 280t omitted with effect from april 1, ..... result of the combined operation of these provisions is that the repeal of an enactment includes the repeal of any provision contained therein ; and once such repeal takes place, the consequence provided by section 6(c) of the act is bound to follow and the rights and liabilities acquired or accrued are kept alive to be enforced in appropriate proceedings, even subsequent to the repeal.14. .....
Tag this Judgment!Court : Kerala
Reported in : [1980]121ITR178(Ker)
..... the petitioners have alleged in these writ petitions that if the two modes of income are to be aggregated and income-tax charged as provided by the finance acts of 1973 and 1974 there is a vast difference in the incidence as well as the operation of the tax (see for instance para. 4 of o.p. no. ..... , in addition to total income, and the total income exceeds five thousand rupees, then, in calculating income-tax under the first proviso to sub-section (5) of section 132 of the income-tax act or in charging income-tax under sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said act or in computing the 'advance tax' payable under chapter xvii-c of the said act, at the rate or rates in force,-- (a) the net agricultural income shall be taken into account, in the ..... that the revenue had two modes of assessments open to it; one, to assess the amount received by the beneficiaries as part of the income in the handis of the representative assessee under section 164, and the other, to assess it directly in the hands of the beneficiary including it in the total income of the beneficiary. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1987Ker21
..... by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case the vehicle is mechanically defective or fails to comply with the requirements of chapter v or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of ..... request for insistence on duty payment documents before registration of vehicle.under the finance act 1986, central excise duty has been imposed on bodies built for motor ..... that two authorities functioning under different enactments, like the customs and the income-tax, cannot meddle with the rights and property of citizens unmindful of their statutory limitations, is a discernible principle gatherable from the ..... 385-6 of the judgment).the entire process and progress of levy, assessment and collection of the tax must be along the track set and settled by the law and the constitution.8. ..... of the registering authority to oversee about the due observance of other laws, including other tax laws, by a person seeking registeration, when from the point of view of the motor vehicles act, there is no objection or impediment to the grant of registration. ..... he is directed to re-submit the documents for registration with excise duty payment certificate from central excise department as .....
Tag this Judgment!Court : Kerala
Reported in : [1990]181ITR396(Ker)
..... regarding the claim of relief under section 80j, the tribunal had only directed the income-tax officer to recompute the capital in accordance with the provisions of section 80j(1a) of the act which he has to do in the light of the decision reported in lohia machines ltd. ..... rao, technic chemia, all other expenses were incurred on the site or directly for the project and, therefore, he directed the income-tax officer to capitalise them as part of the actual cost and allow development rebate and depreciation, etc., ..... at the instance of the assessee, the income-tax appellate tribunal, cochin bench, has referred the following questions of law as directed by this court and arising out of the order of the tribunal dated march 18, 1981 in i. t. ..... similarly, for the rest of the period ended on april 23, 1974, the income-tax officer capitalised one-fourth of the expenditure on salary to special officers, car expenses, travelling expenses and the payment to technic chemia as the ..... for the period ended september 30, 1973, the income-tax officer allowed capitalisation of an amount of ..... tribunal considered that the whole question had to be gone into by the income-tax officer in view of the retrospective amendment introduced in section 80j by way of a new sub-section (1a) by the finance (no. ..... , on the facts and in the circumstances of the case, and on a true interpretation of the provisions and the scope of the relevant rule and the retrospective amendment made to section 80j by the finance (no. .....
Tag this Judgment!Court : Kerala
Reported in : 1991(33)LC547(Kerala)
..... connection, the observations of this court in respect of section 129 prior to substitution of chapter xv by the finance act, 1980 in navinchandra chhotalal v. ..... therefrom and the amount outstanding;(c) the date of filing of the appeal before the tribunal and its number, if known;(d) whether the application for stay was made before any authority under the relevant act or any civil court and, if so, the result thereof (copies of the correspondence, if any, with such authorities to be attached);(e) reasons in brief for seeking stay;(f) whether the applicant is prepared to offer security arid, if so, ..... pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the authority which passed such decision or order with such directions as the appellate tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary...35f. ..... the income-tax act, 1922 as well as the kerala general sales tax act, 1963, considered in the above decisions, did not contain a provision similar to section 35f including the proviso, of the central excises and salt act, and so the said decisions cannot be pressed into aid for the purpose of deciding the competency or jurisdiction of the appellate tribunal to dismiss the appeal for non-payment of the duty ..... tax ..... that the decisions referred to in the judgment of the learned single judge, commissioner of income-tax v. .....
Tag this Judgment!Court : Kerala
Reported in : [1991]191ITR283(Ker)
..... in the gross total income, the dividend after allowing any deduction under the provisions of the income-tax act excepting chapter vi-a has to be included and from the net dividend included in the gross total income, deduction under chapter vi-a is allowed for the purpose of arriving at the total income. ..... in computing the total income under the income-tax act, deduction under chapter vi-a has to be allowed and it is the net dividend after such deduction that forms part of the total income as computed. ..... the matter in great detail and has held at pages 406 and 407 as follows :'under the first schedule, in computing the chargeable profits of the previous year, the total income computed under the income-tax act for that year has to be adjusted and income by way of dividend shall be excluded. ..... cit : [1977]110itr515(ker) and directed the income-tax officer to exclude the entire dividend income from the chargeable profits. ..... 10928 of 1987 and 10703 of 1987 (see : [1989]177itr458(ker) ) directed the income-tax appellate tribual (in short, 'the tribunal') to refer the following two questions of law for the decision of this court:'1. ..... 2, we noticed in our judgment dated january 13, 1989, (see : [1989]177itr458(ker) ) that section 80aa was introduced in the income-tax act with effect from april 1, 1968, by the finance (no. .....
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