Court : Kerala
Reported in : [1999]237ITR706(Ker)
..... 30 to 43c. this was the position with respect to every person who is subjected to be charged under section 4 of the act. the legislature, by the finance act, 1983, introduced a new chapter--chapter vi-b--containing only one provision--section 80wa--imposing restriction on certain deductions in the case of companies, with effect from april 1, ..... 1984. later, by the finance act, 1987, the said chapter was deleted with effect from april 1, 1988. simultaneously, in the finance act, 1987, itself a new chapter--chapter xii-b--containing only one section--section 115j-- was inserted. so, as on the date of introduction of ..... supreme court again in standard refinery and distillery ltd. v. cit : [1971]79itr589(sc) and also in b.r. ltd. v. v.p. gupta, cit : [1978]113itr647(sc) . the tribunal, in the instant case, found as a fact that all the tests laid down by the supreme court in the abovementioned decisions are satisfied. .....
Tag this Judgment!Court : Kerala
Reported in : [1991]81STC254(Ker)
..... amendment of the first schedule and by introduction of entry 100c with effect from 1st april, 1984, and by virtue of the amendment made by the kerala finance act, tarpaulin is liable for sales tax at 8 per cent. at no point of time, are tarpaulins exigible to sales tax at 10 per cent under ..... :'...............it is, however, well recognized that the courts would lean towards the constitutionality of an enactment...............'in state of kerala v. m.k. krishnan nair : [1978]2scr864 , a majority of the constitution bench observed as follows :'...............there is ample authority of this court for the proposition that where two constructions are possible that one ..... to issue clarifications under this section has to be exercised, we have to examine the scheme of the act. section 59-a was not there originally in the statute book. this section has been introduced in chapter ix, which deals with miscellaneous provisions. section 57 lays down that the government may, by notification in the .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker417
..... of reference. 29. in smt. nirmala birla v. wealth tax officer, air 1975 cal 348, sabyasachl mukharji, j. (as his lordship then was) held that under rule 2 of chapter v of the original side rules of the calcutta high court, if it appears to the single judge that the matter can be more advantageously heard by a bench of ..... of the powers of the high court of the state of kerala. the words "fixing jurisdiction and powers" are absent in the preamble of the kerala high court act. the act is never intended to confer on the high court or its judges the jurisdiction and powers, but only to regulate the business and the exercise of powers of the ..... substantial prejudice to the parties. the nature of the order appealable belongs to the category of "intermediate orders' referred to by the supreme court in madhu limaye's case, air 1978 sc 47. the word 'order' is not confined to 'final order' which disposes of the writ petition. the 'orders' should not, however, be ad-interim orders in force pending .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT882
..... or power to be exercised by a deputy chairperson. no doubt, the deputy chairperson is the ex-officio member and the chairman of the standing committee for finance vide section 20(1) of the act. the chairperson is to be the member of all the committees ex-officio and he has the powers of a member except the right to vote. the ..... be invalid. but, apparently, what persuaded the court was considerations of general inconveniences (see smt. lila gupta v. laxmi narain (air 1978 sc 1351). likewise, the provisions of the proviso to section 33(2)(b) of the industrial disputes act, 1947, was cast in the negative form. the apex court proceeded to hold that a dismissal order passed without obtaining the permission .....
Tag this Judgment!Court : Kerala
Reported in : [1986]159ITR431(Ker)
..... and 271 and entry 82 of list i of the seventh schedule to the constitution, held that the word ' income-tax ' as used in section 2 of the finance act, 1964, included both surcharge and additional surcharge. in molins of india ltd. v. cit : [1983]144itr317(cal) , the calcutta high court held that surtax was ..... kameshwar singh v. cit : [1961]42itr774(patna) , mannalal ratanlal v. cit : [1965]58itr84(cal) , waldies ltd. v. cit : [1977]110itr577(cal) , kishinchand chellaram v. cit : [1978]114itr654(bom) , molins of india ltd. v. cit : [1983]144itr317(cal) and bharat commerce industries ltd. v. cit : [1985]153itr275(delhi) , cited at the bar also cannot be pressed into ..... connection, reference may be made to section 15 of the surtax act. it reads :' 15. notwithstanding anything contained in clause (i) of section 109 of the income-tax act, in computing the distributable income of a company for the purposes of chapter xi-d of that act, the surtax payable by the company for any assessment year shall .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker314
..... regard to them cannot be excluded altogether. to illustrate, leases of lands or buildings or both, specifically granted for industrial or commerical purposes, are exempted from chapter ii under section 3 (iii). section 106 granted fixity of tenure to such leases if a building had been constructed for such industrial or commercial purpose: but ..... to make it impossible to pass the impugned provisions as a measure of agrarian reform. section 3 of the act, exempts certain classes of leases and tenancies (the words are used indiscriminately) from the provisions of chapter ii, which confers fixity. the impugned provisions apply to mortgages in respect of all categories of lands, except ..... together with occupation of the same, for 20 years prior to the commencement of the act. the same anomaly can be posited with respect to the tenancies of land granted by the administrator general exempted from the provisions of chapter ii by section 3 (iv). a mortgage of such lands will quality for fixity if .....
Tag this Judgment!Court : Kerala
Reported in : (1992)IILLJ330Ker
..... the decision in mohammed & sons v. worhnen (1968-i-llj-536), supreme court said that a paid weekly holiday should be the goal. he also said that chapter vi of the factories act is not a welfare measure, as held in people's union for democratic rights and ors. v. union of india and ors. (1982-ii-llj- 454), and ..... that class, on the basis of a reasonable differentia, can be distinguished from others, the restriction, if reasonable, will not be ultra vires (madho singh v. state-(air) 1978 pat. 172 para. 10).20. 'reasonable restriction' connotes that the limitation imposed upon a person in enjoyment of a right should not be arbitrary or of an excessive nature ..... directly or indirectly, with matters set out in the directive principles of state policy (u.p, state electricity board and anr. v. hari shanker jain and ors. (1978-ii-llj-399). it is for the state to decide what economic and social policy it should pursue and what discriminations advance these social and economic policies. in view of .....
Tag this Judgment!Court : Kerala
Reported in : [1970]77ITR719(Ker)
..... s income-tax circulars and letters, etc.' no. x/ii/56 at page 142 of the above publication.'62. section 13 of the finance act has introduced a new sub-section (2) in section 52 of the income-tax act with a view to countering evasion of tax on capital gains through the device of an understatement of the full value of the ..... it is derived from a business controlled in or a profession set up in india. ' 4. sections 7, 8 and 9 of the act deal with ' deemed incomes ' which i may have to consider later. chapter iv of the act contains sections 14 - 39, and it deals with computation of total income. section 14 enumerates the heads of income, and it reads ..... as follows:'14. heads of income.--save as otherwise provided by this act, all income shall, for the purposes of charge of income-tax and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker351
..... customer owned 261 bank currency notes of rs. l.000/-each. he tendered these notes to the bank with declaration form under the high denomination bank notes (demonetisation) act, 1978. the customer instructed the bank to make payment of the value of the bank notes to the credit of his current account. the bank made declaration made by the ..... a reference to his banker. the learned judge further observed that the state bank of india was directed by the reserve bank of india and the ministry of finance to furnish all particulars regarding deposit of bank notes to the income-tax department as soon as such notices were received and has, therefore, come within the exceptions ..... the second aspect of 'practices and usages customary' among bankers, the position appears to be as follows : in paget's 'law of banking', tenth edition, 1989 (chapter 15, pages 254 to 257), it is stated that there is a general duty of secrecy on the part of the bank subject to certain exceptions. the leading case is .....
Tag this Judgment!Court : Kerala
Reported in : [1990]181ITR396(Ker)
..... 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. 2) act, 1980, the tribunal was right in restoring the assessment to the income-tax officer for recomputing the capital in accordance with the provisions of section 80j(1a) ?' 2. ..... 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. 2) act of 1980. it is thereafter that the aforesaid two questions of law were formulated and referred for the opinion of this court.6. we heard counsel.7. it is ..... 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. a. no. 544 (coch) of 1978-79 :'(1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that only a part of the expenses during construction, namely, 1 .....
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