Judgment Search Results Home > Cases Phrase: finance act 1978 section 2 income tax Court: kerala Page 11 of about 13,344 results (0.212 seconds)

Harrisons Malayalam Ltd. and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1998)150CTR(Ker)564

..... income at the rate mentioned in that act.'as far as plantation tax act is concerned, it is not necessary for the finance act of every year to fix the rate of tax. the rate of tax as provided under schedule i is made part of the charging section, namely, sub-s. (1) of s. 3 of the act. reference was also made by learned counsel ..... to the provisions of the wt act, 1957. the provisions of sub-s. (1 ..... , and published in the gazette dt. 23rd sept., 1981. sec. 2 of the above act, by which a new schedule was substituted for schedule i provided that substitution would deem to have taken effect from lst april, 1981. in the year 1985 also, a new schedule i was substituted. it was under kerala finance act, 1985, which came into force w.e.f. lst .....

Saj Flight Services (P) Ltd. Vs. Supdt. of Central Excise

Court : Kerala

Reported in : (2006)201CTR(Ker)490; 2006(2)KLT73; 2006[4]STR432

..... india : [2004]267itr9(sc) and was negatived. only contention raised by the petitioner was that it would not fall within the expression 'caterers' under sub-section 24 of section 65 of the finance act, 1994.4. we are not prepared to accept the contention of the counsel that service tax can be demanded only from those persons who are caterers engaged ..... that the writ petitioners are providers of catering service to m/s. air india and are liable to get registered under section 69 of finance act (no. 2), 2004 and also to follow the provisions of the said act and rules with effect from 10-9-2004.2. writ petitioner submitted that it would not fall within the definition of ..... 'caterer' under section 65(24) of the finance act since petitioner is not providing any catering service. according to the petitioner, those who supply food on occasions like marriage etc. alone can be treated as .....

Commissioner of Income-tax Vs. Indo-marine Agencies

Court : Kerala

Reported in : [1973]87ITR41(Ker)

..... of assessment is 1963-64 and the accounting period is that which ended on march 31, 1963. the export profit rebate is allowable under clause (i) of sub-section (5) of section 2 of the finance act, 1963. that clause runs as follows :' (5) in respect of any assessment for the assessment year commencing on the 1st day of april, 1963- (i) an ..... not arise before us and we, therefore, express no opinion on it.4. we, however, feel that so far as the application of clause (i) of subsection (5) of section 2 of the finance act, 1963, is concerned, there cannot be any doubt that the firm as well as the partners of the firm will be, entitled to the benefit of the ..... benefit being given in relation to the whole income of the firm, there was no scope for again allowing the deduction under the section when the partners were assessed. the deduction contemplated by section 2(5)(i) of the finance act, 1963, is not for the income but a relief given to an assessee from the tax imposable on him.6. the question .....

Commissioner of Income-tax Vs. Kerala State Coir Corporation Ltd.

Court : Kerala

Reported in : (2001)170CTR(Ker)298; [2001]252ITR503(Ker)

..... an appeal. the learned commissioner of income-tax (appeals) dismissed the appeal in view of the retrospective amendment with effect from april 1,1989, of section 143(1a) by the finance act, 1993. against that order, the assessee preferred an appeal before the tribunal. according to the tribunal, there was no scope for levy of additional tax ..... from the above reasoning, the tribunal took support from the decision of the calcutta high court in cit v. general electric co. of india ltd. : [1978]112itr246(cal) , to show that the retrospective amendment does not apply. further, it held that the rectification proceeding itself was illegal as there was no valid intimation ..... to him on the day on which notice was issued, section 143(1a) does not apply. learned counsel for the assessee brought to our notice the decisions in cit v. hindustan electro graphites ltd. : [2000]243itr48(sc) ; cit v. genera/ electric co. of india ltd. : [1978]112itr246(cal) , while learned counsel for the revenue relied .....

Commissioner of Wealth-tax Vs. M.K. Abdul Khader Haji (Decd.)

Court : Kerala

Reported in : [2000]242ITR728(Ker)

..... year 1977-78 and subsequent years.5. the assets, etc., brought into india, by persons of indian origin or by citizens of india--section 5(l)(xxxiii). section 5(l)(xxxiii), newly inserted by the finance act, 1976, with effect from april 1, 1977, grants exemption, for and from the assessment year 1977-78, to an assessee, being a ..... the value of assets acquired by him out of such moneys within one year immediately preceding the date of his return. explanation 2 to section 5(l){xxxiii) {which has been inserted by the finance act, 1986, with retrospective effect from april 1, 1977) clarifies that moneys standing to the credit of an eligible assessee in a non- ..... on which such eligible assessee returned to india. thus, where an eligible assessee has returned to india on january 1, 1978, and brought eligible assets into india, he will be entitled for exemption for the assessment years 1978-79 to 1984-85 in respect of the eligible assets.6. according to mr. p. balachandran, learned counsel for .....

Federal Bank Ltd. Vs. State of Kerala

Court : Kerala

Reported in : I(2004)BC378; 2003(2)KLT347; [2003]45SCL555(Ker); [2004]134STC377(Ker)

..... and the contentions raised therein. thus, it can be seen that the challenge made to the amended provisions of the definition of 'dealer' in section 2(viii) of the act by the finance act, 1998 was repelled by this court.15. the only question that remains to be considered is as to whether any distinction can be drawn in ..... court also in lord krishna bank's case considered the question in the context of the unamended definition of 'dealer' in the act. now the definition of 'dealer' in section 2(viii) has been amended by finance act, 1998 under which a bank or a financial institution which, whether in the course of its business or not, sells any gold ..... of the essential commodities act have acquired a character of compulsory transaction and that the element of consensus, which makes the transaction contractual, was to a great extent absent. the supreme court following the ratio of the decision of the supreme court in vishnu agencies (p) ltd. v. commercial tax officer and ors. ((1978) 42 stc 31) .....

Suma Devi Vs. State of Kerala

Court : Kerala

Reported in : 2005(2)KLT870; [2005]142STC170(Ker)

..... and 19(1)(g) of the constitution of india. further they contend that the retrospective operation of the amended provisions effective from 23.7.2001 as per section 1 of the finance act, 2001 is a colourable exercise of power. they also contend that the enhancement of compounded rate of tax to 300% is disproportionate to the production in ..... be given for payment of tax at the compounded rates to persons who run modernised crusher units producing granite metals. consequently as per the kerala finance act, (act 7 of 2001) section 7(1)(b) was introduced which reads as follows:7. payment of tax at compounded rate:1. notwithstanding anything contained in sub ..... and also contended that the petitioners have always got the option to pay tax under section 5(1) of the act rather than opting on section 7(1)(b). having opted under section 7(1)(b) they are bound by the explanation contained in the finance act. counsel submitted that there is no illegality in the explanation added since the legislature .....

Kerala Classified Hotels and Resorts Ass Vs. Union of India

Court : Kerala

..... petitioners in the above writ petitions are challenging the validity of sub clause (zzzzv) and (zzzzw) of clause 105 of section 65 of the finance act, 1994 and section 66 of the finance act, 1994 as amended by the finance act 2011 relating to levy of service tax on taxable services referred there and for consequential reliefs. the relevant portion reads as ..... writ petitions are allowed as follows: i) it is declared that sub clauses (zzzzv) and (zzzzw) to clause 105 of section 65 of the finance act 1994 as amended by the finance act 2011 is beyond the legislative competence of the parliament as the sub clauses are covered by entry 54 and entry 62 respectively of list ..... produced or sold. thus, service tax is imposed every time service is rendered to the customer/client. this is clear from the provisions of section 65(105)(zm) of the finance act, 1994 (as amended). thus, the taxable event is each exercise/activity undertaken by the service provider and each time service tax gets attracted." .....

Kemlogic Lab Care Pvt.Ltd. Vs. State of Kerala

Court : Kerala

..... within one month shall be considered by the second respondent within a period of one month therefrom. the representation shall be dealt with taking note of the kerala finance act, 2012 (ext.p4). an opportunity of personal hearing shall also be afforded to the petitioner in the exercise.2. the coercive proceedings pursuant to ext.p6 notice ..... v.chitambaresh, j.------------------------------- w.p (c) no.17458 of 2013 ------------------------------- dated this the 18th day of july, 2013 judgment the petitioner claims the benefit of the kerala finance act, 2012 in regard to the rate of tax of machinery for photography. it is up to the petitioner to file a detailed representation to the second respondent furnishing all ..... order dated no. ibe 11/or11/ 10.11 dated 4 h march 201 exhibit p2 true copy of the finance bill dated 1 7/2006 exhibit p3 true copy of the relevant extract of the finance act 200.published in the kerala gazette no.12302/leg.a2/2006/law extra oprdinary dated 24 10/2006 exhibit p4 .....

P. Muraleedharan Vs. Union of India and Others

Court : Kerala

..... applies. 6. standing counsel appearing for the respondents submitted that the very purpose of the amendment which is by way of introduction to explanation to section 65(19)(ii) by finance act, 2008, with effect from 16.5.2008 is to get over the judgment of the supreme court in martin lottery agencies case and so much ..... charges received for the service rendered in relation to lotteries, which is obviously for levy of service tax under the head business auxiliary service covered by section 65(19) of finance act, 1994. 2. we have heard shri. a.r. madhav rao and shri. george poonthottam learned counsel appearing for the petitioners and various standing counsel for ..... standing counsel to argue whatever they want to, and accordingly they made their submissions. 3. before examining the constitutional validity of the explanation to section 65(19)(ii) introduced by finance act, 2008 with effect from 16/05/2008, we have to refer to the back ground of the case. a circular was issued by the central .....