Court : Kerala
Reported in : 1993(44)ECC145
..... (sc) and asstt. collector, calcutta v. national tobacco co. of india ltd. 1978 elt 416 at 424. in the customs act the charging section is section 12 and instead of annual finance act, the rate is mentioned in the schedules of the customs tariff act. section 15 is complementary to the charging section, providing the definite date with respect ..... romer in the judgment of the privy council reported in commissioner of income-tax, bombay & aden v. khemchand ramdas [1938] 6 itr 414. chapter iii of the income-tax act headed 'taxable income' contains the various provisions with reference to which taxable income is determined. the tax is leviable under section 3 and is in ..... person as approved by the collector of customs until they are cleared for home consumption or are warehoused or are transhipped in accordance with the provisions of chapter viii. the importer of the goods other than goods intended for transit or transhipment will have to make entry thereof by presenting to the proper officer a .....
Tag this Judgment!Court : Kerala
Reported in : [1993]201ITR494(Ker)
..... notice under section 269d, the proceedings will be dropped if the apparent consideration of the immovable property is below rs. 5 lakhs.' 4. the provisions of chapter xx-c of the income-tax act introduced by the finance act of 1986, with effect from october 1, 1986, has been explained in another circular dated july 9, 1986. the explanatory note is seen reported in ..... tax due. under section 269d(1), a preliminary notice was served on the assessees on june 26, 1978. the valuation report was submitted by the officer on february 14, 1979. the competent authority passed an order after hearing objections under section 269f of the act on march 31, 1981. aggrieved by the same, the respondents-assessees filed an appeal before the appellate .....
Tag this Judgment!Court : Kerala
Reported in : [1993]202ITR186(Ker)
..... 1978]113itr84(sc) .4. counsel for the revenue very staunchly pressed for our acceptance the contentions based on the objects and reasons to the finance act, 1985, by which section 36(1)(viii) of the act was amended by providing specifically that the deduction is to be 40% of the total income before making any deduction under section 36(1)(viii) and chapter ..... concerned, viz., that the decision of the cambay electric supply industrial co.'s case : [1978]113itr84(sc) (so justifies a further look into the question, it does not appeal to us ..... in cambay electric supply industrial co.'s case : [1978]113itr84(sc) and also in the lightof the decision of the high court of karnataka in karnataha state financial corporation v. cit [1988] 174 itr 206 besides with reference to the statement of objects and reasons to the finance act, 1985. so far as the first ground is .....
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 : [1992(65)FLR865]; (1994)IILLJ760Ker
..... section 25-o, an employer can be compelled not to close down his undertaking in spite of the fact that both from the point of view of security and finance it will be impossible for him to do so and he can still be compelled to pay minimum wages to the employees even though he is not capable of doing ..... in furtherance of which it was enacted.8. excel wear v. union of india (supra) which struck down the unamended section 25-o itself, felt pp.536-542 of (1978-ii-llj-527) that the two extreme contentions raised on behalf of the employer and the employees cannot be accepted. one cannot be compelled to start a business. that is ..... industrial tribunal, and (3) to direct the state to grant permission for closure.2. on a reference under section 15(1) of the sick industrial companies (special provisions) act, 1985, the board for industrial and financial reconstruction under exhibit p-l proceedings declared the company as a sick unit. huge recurring loss consequent on non-availability of raw materials .....
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 : (1992)IILLJ780Ker
..... klt 89) in relation to the office of a chartered account.6. chapter i-a of the act provides for registration of establishments, chapter ii for hours of work, chapter iii for holidays and leave, chapter iv for wages, chapter v for employment of children and women, and chapter vi for health and safety measures. these and ' other provisions make ..... above. i am of the view that the first respondent was justified in accepting the preliminary objection that the church is not a commercial establishment under the act. the church and the employment do not satisfy the requirements of the definitions of commercial establishment, establishment, shop or employment. there is no reason for ..... the church. an establishment in which such work is going on cannot be said to be an establishment coming within the purview of the act. the decisions in sasidharan v. peter & karunakaran (1978 klt 613) and v. sasidharan v. peter & karunakaran (air)-1984 sc-1700) considered the question of the office of a lawyer .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker408
..... attracted and that being so the interest of korappan in coparcenary property must devolve by intestate succession. under the provisions of the act preferential heirs arc sons and daughters. in the absence of anything more plaintiffs claim for one-fourth share would be justified.7. according to learned counsel for ..... such female relative, the interest of the deceased in the mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship. admittedly, korappan left behind him a female relative specified in class it of the schedule, that is, daughter. therefore, the proviso is ..... in dharmodayam company v. balakrishnan (1962 klt 712) and rohini v. sethumadhavan (1978 klt 470) : air 1978 kerala 119 and approved by the supreme court in kelukutty v. mammad (air 1972 sc 2403).10. sources of hindu law discussed in chapter ii in mulla's principles of hindu law. at page 73 of the 16th .....
Tag this Judgment!Court : Kerala
Reported in : [1991]191ITR283(Ker)
..... question no. 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. 2) act, 1980, and the decision of the supreme court in distributors (baroda) p. ltd. v. union of india : [1985]155itr120(sc) has its impact to ..... consideration as reserve. the income-tax officer fixed the amount admissible at rs. 86,036 for the assessment year 1977-78 and at rs. 87,292 for the assessment year 1978-79. in appeal, the commissioner of income-tax (appeals), disposing of theappeals, by a common order, followed the decision of the appellate tribunal in peermedu tea co. ltd.'s ..... that year has to be adjusted and income by way of dividend shall be excluded. 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. in the gross total income, .....
Tag this Judgment!Court : Kerala
Reported in : [1991]81STC313(Ker)
..... the deletion, or in the alternative a restriction of the scope of the section was advocated by him. in his defence the finance minister relied heavily on what was contained at page 23 in para 29 of chapter 8 of the gulati report. apart from that reference, there was no elaboration of the idea.14. in the present case, ..... s right to carry on business. it has been frowned upon as such by the apex court.10. section 59a was introduced in the kerala statute, when the act was amended in 1978. a commission which went into the working of tax department, now known by the name of its chairman, j.s. gulati, suggested drastic amendments to the ..... amend certain procedural provisions in the kerala general sales tax act, 1963, for making the administration of the law more efficient. as the legislative assembly was not in session and as the proposals had to be given effect to immediately, the kerala general sales tax (amendment) ordinance, 1978 (10 of 1978), was promulgated by the governor on the 31st march .....
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