Court : Kerala
Reported in : AIR2008Ker245; 2008(3)KLJ209; 2008(3)KLT826
..... to reassess the same at revised rates, merely because an additional floor has been constructed; it is settled law that the completion of the building is the important date for quantification of tax under the act; the intent of the act is to levy tax on building, but not to assess the same building every time whenever there is an addition made to the building.the learned senior counsel would further contend, the charging provisions of ..... the act is attracted on completion of the construction of the building and in the instant case, the ground floor having been constructed and assessed to tax in the year 1993, itself, it is not open to the assessing authority ..... subsequently, by the kerala finance act, 1996 (act of 1996) the building tax is enhanced with ..... provides for levying building tax based on the plinth area at the rates specified in the schedule on every building, the construction of which is completed or after the appointed day. ..... first take up the possible construction that could be placed on section 5(4) of the act. ..... the first case is the decision of the apex court in good year ..... the first is the character of the imposition known by its nature which prescribes the taxable event, attracting the levy, the second is a clear indication of the person on whom the levy is imposed and who is obliged .....
Tag this Judgment!Court : Kerala
Reported in : (2009)223CTR(Ker)418; [2009]308ITR351(Ker)
..... while the contention of the assessee is that 'such income' means dividend income from the unit trust of india, for which the main proviso is introduced by the finance act, 1993, with effect from april 1,1994, the senior counsel appearing for the revenue contended that 'such income' when read with 'subject to the aforesaid provisions' referred to in the ..... domestic company ;(ii) in the case of any other domestic company, so much of the amount of income by way of dividends from another domestic company as does not exceed the amount of dividend distributed by the first mentioned domestic company on or before the due date ;provided that where any domestic company receives any income by way of dividend from the units of the unit trust of india established under the unit trust ..... the questions raised separately or together do not reflect the issue precisely, we redraft the question as follows:whether the assessee, a scheduled bank, is entitled to deduction of 4/5th of the dividend income received from the unit trust of india or only 4/5th ..... another domestic company, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of such domestic company, a deduction of an amount equal to,:(i) in the case of a scheduled bank or a public financial institution or a state financial corporation or a state industrial investment corporation or a company registered under section 25 of the companies act, 1956 (1 of 1956), sixty per cent. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(235)ELT435(Ker); 2008(3)KLT694
..... therefore, rule 3 read with the definition of prepacked commodity in rule 2(1) of the rules as well as the definition of commodity in packaged form as defined in section 2(b) of the act would lead to a conclusion that unless the manufacturer, packer or retailer intends to sell commodity in a packaged form as a pre-packed commodity or commodity in packaged form the act and the rules have no application.dealing with rule 13(5) of the rules read with sixth schedule, it was held in eureka forbes limited v. ..... shafiq, learned senior counsel appearing for the first respondent/writ petitioner submits that the standards act and rules and the enforcement act do not apply to the manufacture and sale of refrigerators as it does not satisfy the definition of 'packaged commodity' of 'pre-packed commodity' ..... these writ appeals are being dealt with at first so that the decision herein can be followed, to the extent possible, in other cases.3. o.p. no ..... the learned counsel for the first respondent (petitioner in the original petition) did not raise that contention in the writ appeal as well.6 ..... the original petition was filed by godrej/ge appliances limited, first respondent in the writ appeals. ..... 17675 of 2002: the first petitioner, safana cosmetics & perfumes, is a manufacturer of ..... 11318 of 2000: the first petitioner, protech appliances private limited, is a manufacturer of home soda ..... as per ext.p11, the third respondent has granted sanction to file complaint against the first petitioner and others. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(2)KLT833
..... administration of the wakf fund, the conduct of members and office bearers not befitting to their position and other hosts of misdeeds, it is the function and duty of the wakf board at first instance to set right things and issue appropriate orders for the proper and benevolent administration of the wakf. ..... not only matters which are specifically conferred on the tribunal by the various provisions of the act, but also any dispute, question or any other matter relating to any wakf or wakf property since those powers have also been conferred on the tribunal by the wakf act itself and that on examining the scheme of the act and various provisions, it is clear that the intention of the legislature is to resolve ..... stated in the counter affidavit that the election schedule thereunder was published on 25.9.2007 and the election as scheduled was held on 4.11.2007 pursuant to the interim ..... this court by interim order dated 2.11.2007 permitted the election originally scheduled to be held on 4.11.2007 to go on and issued a further direction ..... further stated by the petitioner that the election schedule thereunder was published on 25.9.2007 and the election as scheduled was held on 4.11.2007 pursuant to the ..... act and held that the function of registration of a property as wakf property, being that of the board and since it is the duty of the board in the process to decide a question as to whether a property is wakf or not, it is for the board to consider and decide the question at the first instance .....
Tag this Judgment!Court : Kerala
Reported in : [2009]312ITR161(Ker); [2009]183TAXMAN194(Ker)
..... in the first place, the book profit referred to in section 115j is the profit arrived at after auditing and finalisation of accounts of the assessee-company including profit and loss account in terms of schedule vi, parts i and ii of the companies act, 1956. ..... doubt that the provisions of advance tax are only on income earned by the assessee during the relevant previous year and estimation of income from advance tax has to be made in accordance with the provisions of the act and tax, if any, shall be payable at the rates in force prescribed by the relevant finance act for payment of advance tax.8. ..... while the provision for advance tax under chapter xvii is on estimated income as computed by the assessee in accordance with the provisions of the act, assessment on deemed income under section 115j is on the actual income and estimation for payment of advance tax is not visualised at all. ..... even though by later amendment, sections 115ja(4) and 115jb(5) provide that all other provisions of the income-tax act will apply for the purpose of chapter xii-b, we do not think the provisions of chapter xvii has any application for the tax payable under section 115j.9. ..... this is an appeal filed by the revenue challenging the order of the tribunal cancelling the interest levied under sections 234b and 234c of the income-tax act, 1961, for non-payment/ short payment of advance tax on 30 per cent. ..... no doubt, the bombay high court in the case of kotak mahindra finance ltd. ..... kotak mahindra finance ltd. .....
Tag this Judgment!Court : Kerala
Reported in : [2007]138CompCas16(Ker); 2007(2)KLJ704
..... counsel submitted that the kerala general sales tax act has been enacted by the state of kerala under entry 54 of list ii of the seventh schedule and the provisions of the kerala act particularly section 26b cannot nullify the provisions of the rdb act enacted by parliament under union list of the constitution ..... counsel submitted that the rdb act and the state bank of india subsidiary banks act are enacted by parliament under entry 45 of list i of the seventh schedule to the constitution of india and by virtue of the provisions of article 246(1) of the constitution, the said law enacted by parliament with respect to entry 45 of list i has overriding effect and prevails over any inconsistent or repugnant ..... 2005] 127 comp cas 744 : [2005] 142 stc 283 and this court upheld the first charge of the state under section 26b over the right created in favour of a banking institution ..... the rdb act has been enacted under entry 45 of list i of the seventh schedule to the constitution of india and the kerala general sales tax act, 1963, was enacted under entry 54 of list ii of the seventh schedule to the constitution ..... sales tax [2006] 132 comp cas 823 : [2006] 148 stc 32 (bom), and submitted that in the absence of any specific provision in the rdb act, conferring a first charge for the bank, the first charge created under the kerala general sales tax act, will hold the field. ..... iron and steel rolling corporation [1995] 82 comp cas 551: [1995] 96 stc 612, delhi auto and general finance p. .....
Tag this Judgment!Court : Kerala
Reported in : [2007]8STT33; (2007)7VST323(Ker)
..... advance or the security, if any, referred to in sub-section (7) by a casual trader on demand under sub-section (4) at the time of bringing any goods, except those specified in schedules i and iv or those notified under section 10(2) of the act, for being adjusted with the amount of tax due from him and for refund after due adjustment in the prescribed manner.17 ..... the said circular reads as follows:in exercise of the powers conferred by clause (c) of sub-section (2) of section 3, read with sub-section (16a) of section 47 of the kerala value added tax act, 2003, the undersigned, having considered it necessary to prevent evasion of tax in respect of the following evasion-prone commodities, order that tax in respect of the estimated sales turnover shall be collected at the ..... [1962]1scr283 , the validity of section 8-a of the bengal finance (sales tax) (delhi amendment) act, 1956 was assailed in a writ petition filed under article ..... act concerning assessment, collection or payment of tax do not authorise collection of tax in advance, by issuing a circular by the first ..... . firstly, section 8-a of that act, as it stood at that time was upheld by the constitution bench as valid and secondly, in the instant case, the impugned provisions embody ample safeguards for a transporter of goods as also ..... (ii) to direct the first, second and third respondents to release the goods and vehicle covered by exhibit p3 and exhibit p4 notices and future goods and vehicles of the petitioner without detention as per .....
Tag this Judgment!Court : Kerala
Reported in : 2007(1)KLT303; (2007)7VST293(Ker)
..... into the state, government have decided to levy a tax on entry of such motor vehicles into the state, either for use or sale, which are liable for registration in the state under the motor vehicles act, 1988 (central act 59 of 1988).subsequently the act was amended, vide finance act, 1996 (act 23 of 1996) for the purpose of bringing in various goods within the umbrella of the ..... (2) the tax shall be payable by the importer of any goods by the importer in such manner and within such time as may be prescribed.after the amendment by finance act 2003 reads as follows:(1) subject to the provisions of this act, there shall be levied and collected a tax on the entry of any goods into any local area for use, consumption, transfer or sale therein. ..... , on the purchase value of goods not exceeding the rates specified for the goods in the first schedule to the kerala general sales tax act, 1963.provided that no tax shall be levied and collected in respect of any motor vehicle which was registered in any union territory or any other state under the provisions of the motor vehicle act, 1998 (central act 59 of 1988), prior to a period of fifteen months or more from the date on which it is registered in the state ..... charging section 3 which stood prior to the amendment by finance act 2003 read as follows:(1) subject to the provisions of this act, there shall be levied and collected a tax on the entry of any goods into any local area for use, consumption, transfer or sale therein. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ128
..... , on the purchase value of goods not exceeding the rates specified for the goods in the first schedule to the kerala general sales tax act, 1963.provided that no tax shall be levied and collected in respect of any motor vehicle which was registered in any union territory or any other state under the provisions of the motor vehicle act, 1998 (central act 59 of 1988), prior to a period of fifteen months or more from the date on which it is registered in the state ..... into the state, government have decided to levy a tax on entry of such motor vehicles into the state, either for use or sale, which are liable for registration in the state under the motor vehicles act, 1988 (central act 59 of 1988).subsequently the act was amended, vide finance act, 1996 (act 23 of 1996) for the purpose of bringing in various goods within the umbrella of the ..... charging section 3 which stood prior to the amendment by finance act 2003 read as follows:(1) subject to the provisions of this act, there shall be levied and collected a tax on the entry of any goods into any local area for use, consumption, transfer or sale therein. ..... trie kerala finance act, 1996 (act 23 of 199o) had introduced substantial amendments to act 15 of 1994 with effect from 19-7-1996. ..... (2) the tax shall be payable by the importer of any goods by the importer in such manner and within such time as may be prescribed.after the amendment by finance act 2003 reads as follows:(1) subject to the provisions of this act. .....
Tag this Judgment!Court : Kerala
Reported in : (2007)6VST390(Ker)
..... (1) animal or vegetable fertilizers, whether 31.01 or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animal or vegetable products other than those specified under first schedule(2) chemical fertilizer(a) mineral or chemical fertilizers, nitrogenous 31.02(b) mineral or chemical fertilizers, phosphatic 31.03(c) mineral or chemical fertilizers, potassic 31.04(d) mineral or chemical fertilizers containing two or three of the 31.05 fertilizing elements nitrogen, ..... that the claim of the applicant that the items mosquito coil, mat vaporiser and liquid vaporiser would fall under the heading 3808.10.37 of the central excise tariff act is not correct since the heading 3808.10.37 deals with synthetic pyrethrum and the products mosquito coil, mat vaporiser and liquid vaporiser are not synthetic pyrethrum and hence ..... code appearing in entry 44(5) was deleted by finance act, 2006 to overcome the confusion created with ..... counsel submitted, therefore, that all along there was no difference between those products under the kerala general sales tax act, as well as under the vat act and the petitioner cannot raise a contention on the basis of hsn code that the item would not fall in the ..... counsel appearing for the appellant, submitted that the goods sold by the company would clearly fall under section 6(1)(a) of the vat act, 2003 and the government was not authorised under section 6(1)(d) to notify list of goods taxable at 12.5 per cent which do .....
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