Court : Kerala
Reported in : 2006(2)KLT306
..... it was finalised only as per ext.p5, based on sub-section (2) as amended by finance act 13 of 1993, applying the rates in terms of schedule as newly introduced in ..... proceedings were being continued, while so, by kerala finance act, 1993, (act 13 of 1993) sub-section (2) of section 5 of the building tax act was again amended. ..... therefore, we have no hesitation to declare sub-section (2) of section 5 as introduced by act 13 of 1993 of kerala finance act, 1993, is ultra vires being arbitrary and consequently offending article 14 of the constitution of ..... so sub-section (2) as amended by act 13 of 1993 is concerned, it is arbitrary, mulcting on him more liability to pay tax in respect of a building completed in 1991 applying the schedule brought on the statute book in the year ..... order without resorting to the statutory remedy of appeal, simultaneously challenging sub-section (2) of section 5 of the act, as introduced by finance act 13 of 1993.6. ..... to pay more tax, only because of the lethargy and laxity on the part of the assessing authority right from 1981 until 20.8.1993, when ext.p5 order has been passed. ..... a person who had completed construction of the building in 1981 cannot be mulcted with the liability to pay tax as has been prescribed in the year, ..... counter-affidavit, it is contented, also does not dispute the completion of the construction of the building in the year 1981. ..... matter relates to assessment of building tax, construction which has been admittedly completed in the year 1981. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(2)KLJ724
..... the appropriate government is very much at liberty to invoke its power to legislate on the subject, providing appropriate 'ceiling' to the maximum wages under section 2(k)(ii) of the 'act' by way of appropriate amendments to be brought out at appropriate time, as the government finds it fit and proper.these original petitions are allowed as above, however, without cost ..... the position with regard to the minimum wages payable all over india is more ii or less the same as it exists in the state of kerala, making it much above the maximum prescribed under section 2(k)(ii) of the act, though with some minor variations- the factual position in this regard is not put to serious challenge by the union government or state government the counter affidavit filed by the second respondent/state of kerala ..... in the next paragraph (paragraph 5;) of the counter affidavit that the amendment proposal to the plantations labour act, 1951 was under active consideration of the government; it was discussed in the meeting of the 'tripartite industrial committee on plantation industry' held on 3.4.2002 and as decided in the meeting, an 'inter-ministerial committee' with the representative of the ministries of commerce, finance and labour and also the state government of assam, west bengal, kerala ..... 750/- was fixed in 1981 and that the process for 'amendment proposals' to enhance the ..... in 1981, when the corresponding ceiling of monthly wages provided under section 2(k)(ii) was amended and ..... during the year 1981. .....
Tag this Judgment!Court : Kerala
Reported in : [1999]240ITR396(Ker)
..... subsequently, proceedings were initiated under section 154 by the assessing officer who deducted the amount of depreciation granted under section 32(1)(iv) from the written down value of the assets and on that basis depreciation was granted for the assessment year 1984-85, in the light of the amendment to section 32(1)(iv) by the finance act, 1983. ..... we are of the view that the effect of deletion of the underlined portion of clause (iv) of section 32(1) by the finance act, 1983, will have effect only in cases where initial depreciation under clause (iv) is granted in respect of specified assets with effect from april 1, 1984.11. ..... but, on further appeal, the tribunal held that the deletion of a portion of clause (iv) of section 32(1) of the finance act, 1983, would only cover cases where initial depreciation was granted in respect of the specified assets with effect from april 1, 1984, and it will not cover the case of an asset on which initial depreciation was ..... it is true that going by the circular the amendment brought under the finance act, 1983, would apply in computing the written down value of such buildings for the assessment year 1984-85, even though initial depreciation under clause (iv) had been allowed in the assessment year 1983-84 or any earlier ..... ito : [1981]131itr597(sc) .5. .....
Tag this Judgment!Court : Kerala
Reported in : (2005)194CTR(Ker)12; [2005]273ITR386(Ker)
..... section 132b before its amendment by finance act, ..... this purpose such assets shall be deemed to be under distraint as if such distraint was effected by the ao or, as the case may be, tro under authorisation from the chief cit or cit under sub-section (5) of section 226 and the ao or, as the case may be, tro may recover the amount of such liabilities by the sale of such assets and such sale shall be effected in the manner laid down in the third schedule. ..... the petitioner and the statutory requirement for payment of advance tax before the end of the financial year and admitted tax along with return under section 140a of the act, the second respondent rightly adjusted advance tax and the tax due under the return and revised return filed by the petitioner for the asst. yr ..... will help the petitioner to avail kvss benefit for 1994-95 because after the expiry of the time prescribed for payment in the notice of demand issued under section 156 of the act, second respondent was free under section 132b(1)(i) to adjust cash available on encashment of ivps towards liability due for any other assessment years, including the year 1994-95. ..... a contention that the encashment of ivps and recovery towards tax was made by the first respondent which was not permissible under section 132(9a) of the act, and only the second respondent has the authority under section 132b (ii) and (iii) to appropriate the retained assets towards tax liability, the allegation is factually incorrect because, it is ..... 1981 .....
Tag this Judgment!Court : Kerala
Reported in : [2005]144TAXMAN79(Ker)
..... on going through section 132b before its amendment by finance act, 2002, with effect from 1-6-2002, i find there is some substance in the contention raised by the petitioner in so far as adjustment of cash recovered on encashment of ivps for the year 1994-95 is concerned where adjustments are ..... for this purpose such assets shall be deemed to be under distraint as if such distraint was effected by the assessing officer or, as the case may be, tro under authorisation from the chief cit or cit under sub-section (5) of section 226 and the assessing officer or, as the case may be, tro may recover the amount of such liabilities by the sale of such assets and such sale shall be effected in the manner laid down in the ..... in view of the request by the petitioner and the statutory requirement for payment of advance tax be ore t e end of the financial year and admitted tax along with return under section 140a of the act, the second respondent rightly adjusted advance tax and the tax due under the return and revised return filed by the petitioner for the assessment year 1995-96 from out of encashed value of ..... referred to the assessment orders for the years 1994-95 and 1995-96 showing credit of tax before assessment and refund of excess tax for those years while huge interest under sections 234b and 234c of the act is demanded for the assessment years 1990-91 to 1993-94 on account of non-adjustment of any amount after encashment of ivps towards tax liability for those years. ..... : [1981]129itr414(mad .....
Tag this Judgment!Court : Kerala
Reported in : [1991]189ITR627(Ker)
..... moreover, the amendment made by section 3 ofthe finance act, 1989, to section 2(14) of the income-tax act with retrospective effect, will show that tax on capital gains is exigible on the sale of agricultural lands. 3. ..... we are concerned with the assessment years 1980-81, 1981-82 and 1982-83, for which the respective accounting periods ended on march 31, 1980, march 31, 1981, and march 31, 1982. ..... sheth's case : [1981]128itr87(bom) , and held that capital gains tax on the sale of agricultural lands is exigible. ..... nirgudkar : [1981]128itr87(bom) , it was held that no capital gains assessable to tax on the sale of agricultural lands is possible even though the land was situated within the municipal limits. ..... light of the above bench decisions of this court, it is too late in the day to contend that capital gains arising out of the sale of agricultural lands is not liable for levy of tax under the income-tax act. .....
Tag this Judgment!Court : Kerala
Reported in : [1987]163ITR341(Ker)
..... and jammu and kashmir high courts considered the provisions of section 140a of the act as it stood after the taxation laws (amendment) act, 1970, whereas the madras & calcutta high court considered the provisions in the act as inserted by finance act, 1964). ..... the court considered section 140a of the income-tax act, 1961, as the section stood originally as inserted by finance act, 1964). ..... that section was originally inserted by the finance act, 1964 ..... of time up to may 25, 1982, and also informed the petitioners that ifthe admitted tax as per the returns is not paid on or before the said date, apenalty will be levied under section 17a(3) of the agricultural income-tax act.these original petitions are filed praying (a) to declare that section 17a(3) ofthe agricultural income-tax act as ultra vires and void ; (b) to quash exhibitsp-1 and p-2 and for other reliefs. ..... it is open to the petitioners to plead and prove before the assessing authority as and when proceedings for levy of penalty under section 17a(3) is pursued or penalty itself is levied, that the said step is not warranted on the facts of the case ..... -- (1) where any tax is payable on the basis of any return required to be furnished under section 139 or section 148, after taking into account the amount of tax, if any, already paid under any provision of this act, the assessee shall be liable to pay such tax before furnishing the return and the return shall be accompanied ..... : [1981]127itr512(mp) and the decision of the jammu and .....
Tag this Judgment!Court : Kerala
Reported in : 1986(10)ECC178; 1986LC218(Kerala); 1987(32)ELT565(Ker)
..... having regard to the opinion expressed by the law ministry, the legislature itself has, by amending item 26a by the finance act, 1981, specifically included copper scrap within the entry. ..... section 13 of the finance act 14 of 1961 inserted item 26a with effect from 1-4-1961 reading thus :-'26a. ..... 1211, wherein it is held thus :-'...we are unable to accept the argument of the appellants that section 3(1) of the tariff act is an independent charging section or that, the 'additional duty' which it speaks of is not a duty of customs but is a countervailing duty'. ..... the position, therefore, is that customs duty is levied under the customs act, section 12 of that act is the charging section when the statutory liability to customs duty is imposed, when import or export is made the taxable event and the rate of levy is also indicated. ..... - (1) any article which is imported into india shall, in addition, be liable to a duty (hereafter in this section referred to as the additional duty) equal to the excise duty for the time being leviable on a like article if produced or manufactured in india and if such excise duty on a like article is leviable at any percentage of its value, the ..... thus, the additional duty which is mentioned in section 3(1) of the tariff act is not in the nature of countervailing duty'.11. .....
Tag this Judgment!Court : Kerala
Reported in : [1978]114ITR822(Ker)
..... the assessee had put forward a plea before the income-tax officer that it was entitled to a rebate of tax under section 2(5)(a)(i) of the finance act, 1966, since its total income included profits and gains derived from the export of goods out of india. ..... another contention raised by the assessee before the income-tax officer was that during the relevant accounting period the assessee satisfied the definition of an 'industrial company' as contained in section 2(7)(d) of the finance act, 1966, and that, therefore, the tax had to be levied only at the rate of 55 per cent. ..... on the other two points relating to the claims put forward by the assessee for rebate of tax under section 2(5)(a)(i) of the finance act, 1966, and for computation of the tax at the rate of 55 per cent. ..... /coch/70-71, which was the appeal filed by the assessee-company, the findings of the appellate assistant commissioner disallowing the assessee's claim for rebate of tax under section 2(5)(a)(i) of the finance act, 1966, and for the application of the concessional rate of tax under item i(a)(2) of paragraph f of schedule i of the finance act, 1966, were questioned by the assessee. ..... on the question relating to the assessee's claim for rebate of taxunder section 2(5)(a)(i) of the finance act, 1966, the tribunal agreed withthe view taken by the appellate assistant commissioner and the income-tax officer that the profits obtained by the assessee by sale of importentitlements cannot be regarded as profits or gains derived .....
Tag this Judgment!Court : Kerala
Reported in : (2009)221CTR(Ker)83; [2009]310ITR183(Ker); [2009]181TAXMAN227(Ker)
..... section 87(f) of the finance act defines 'disputed tax' to mean, the total tax determined and payable, in respect of an assessment year under any direct tax enactment but which remains unpaid as on the date of making the declaration under section 88 of the finance act. ..... as required under the scheme, the assessee had filed an application under section 88 of the finance act before the designated authority. ..... sub-clause (i) of section 88(a) of the finance act would not apply to the appellant, since the declarant is not a company or a firm ..... the above view of the matter, in our view, the designated authority was justified in granting relief only under sub-clause (iv) of section 88(a) of the finance act.20. ..... a situation of this nature, the designated authority was justified in placing reliance on sub-clause (iv) of section 88(a) of the finance act.18. ..... -clause (iii) provides for the procedure that requires to be followed by the designated authority for considering the application filed under section 88 of the finance act. ..... what is not necessary for the case, we would only refer to sub-clauses (ii), (iii) and (iv) of section 88(a) of the finance act. ..... section 87(e) of the finance act provides for the meaning of the expression 'disputed income', in relation to an assessment year, as, the whole or so much of the total income as is relatable to the disputed tax ..... section 87(d) of the finance act provides for the meaning of the expression 'disputed chargeable interest' in relation to an assessment .....
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