Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Court: kerala Page 9 of about 277 results (0.106 seconds)

Sree Balaji Pipes and Accessories Vs. State of Kerala

Court : Kerala

Reported in : [2006]143STC578(Ker)

..... 2 after sub-item (i) only by the finance act 5 of 1995, after it had been omitted by the kerala finance act, 1994. ..... the contention that zilla parishads established under the karnataka zilla panchayat, taluk panchayat samithies, mandal panchayat and nyaya panchayat act, 1985 and the nationalised banks would come within the term 'department of government', was rejected by the karnataka high court. ..... above order provides that on the sale to the persons or organisations mentioned in column (2) of fifth schedule of goods specified in column (3) thereof, there will be reduction in the rate of tax payable under the kerala general sales tax act, 1963 to the rates mentioned in column (4) on the seller producing a certificate in duplicate in the form in annexure i obtained from the purchaser. ..... , sold by the assessee are declared goods coming under the second schedule to the kerala general sales tax act and therefore, liable to be taxed at 4 per cent and that since the sale is exclusively to the kerala water authority, assessee is entitled to exemption as per the provisions contained under s.r.o. no. ..... raja ram : [1981]2scr712 as follows :a government department has to be an organisation which is not only completely controlled and financed by the government but has also no identity of its own. ..... revision petitioner is an assessee under the kerala general sales tax act, 1963. .....

Deputy Commissioner (Law), Commercial Taxes Vs. Parekh Brothers

Court : Kerala

Reported in : [2000]119STC166(Ker)

..... same reads as follows :'100-c : pvc cloth, waterproof cloth, rexine and their 8%' products and tarpaulin thereafter, first schedule was substituted by finance act 18 of 1987 with effect from july 1, 1987, as stated above. ..... this was the position till march 31, 1992, as amended by the kerala finance act, 1992. ..... these three applications have been filed by the revenue under section 41 of the kerala general sales tax act, 1963 (in short, 'the act') read with rule 41(1) of the kerala general sales tax rules, 1963 (in short, 'the rules') ..... it may be noted that the heading of the section reads as 'power of government to determine rate of tax' ..... stand of the revenue that it could be treated as an item liable to be taxed under section 5(1)(ii) of the act is clearly unacceptable. ..... it is to be noted that sale of tarpaulin was exempted by virtue of a notification issued under section 10 of the act (sro no. ..... that being the position, revenue was not authorised to levy tax on the basis of clarification by notification issued by the state under section 59a of the act. ..... it has a disturbing potency of having a binding effect even on the tribunal or the high court while functioning as a revisional court under section 41 of the act. ..... revenue has strongly relied on the clarification issued by the state under section 59a of the act. ..... there is nothing in the section which debars the government from exercising the power even after a dealer has succeeded on a question relating to the rate of tax before an appellate .....

R.T.O. Vs. Bhaskar Salian

Court : Kerala

Reported in : II(2006)ACC746; 2006(2)KLT194

..... of motor vehicles in respect of which any reciprocal arrangement relating to taxation has been entered into between the government of kerala and any other state government, the levy of tax shall, notwithstanding anything contained in this act, be in accordance with the terms and conditions of such reciprocal arrangement.provided that the terms and conditions of every such reciprocal arrangement shall be published in the gazette and a copy thereof shall be placed before the ..... provisions were made in the finance act 1993 with effect from 1.4.1993 to levy tax on standing passengers in stage carriages irrespective of ordinary/fast passenger/express service at the rate of rs. ..... 100/- with effect from 1.4.1995 by the finance act, 1995. ..... the kerala motor vehicles taxation act, 1976 was enacted to consolidate and amend the laws relating to the levy of tax on motor vehicles and on passengers and goods carried by such vehicles in the state of kerala. ..... sub-section (3) of section 88 of the motor vehicles act 1988 states that when a regional transport authority countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may vary any condition attached to ..... section 3 of the act dealing with levy of tax reads as follows:3. .....

J and S Granites Company Vs. State of Kerala and ors.

Court : Kerala

Reported in : (2009)25VST424(Ker)

..... computation of the quantum of compounded tax and the rate of compounded tax applicable to primary crusher shall be 50 per cent of the rates mentioned in items (i), (ii) and (iii) above.kvat act-section 8(b)-explanation,-for the purposes of this clause, primary crusher shall also be reckoned for the purpose of computation of the quantum of compounded tax and the rate applicable for primary crusher shall be fifty ..... later, that explanation was substituted with effect from april 1, 2004 as per the kerala finance act, 2004 as follows:explanation;- for the purpose of this clause primary crusher shall also be reckoned for computation of the quantum of compounded tax and the rate of compounded tax applicable to ..... the commissioner of commercial taxes and it is declared that the compounded rate of tax on primary crusher is 50 per cent of the respective rates mentioned in clauses (i), (ii) and (iii), respectively of section 7(1)(b) of the kgst act and section 8(b) of the kvat act, depending upon the size of the primary crusher in each case. ..... by the kerala finance act, 2001, the following explanation was ..... is also to fee reckoned for the purpose of computation of the quantum of compounded tax stood concluded by the provisions in the explanation introduced in the kgst act from july 23, 2001 and by the availability of the explanation that stood in the kvat act from april 1, 2005 to the effect that primary crashers shall also be reckoned for the purpose of computation of quantum of compounded tax. .....

Commissioner of Income-tax Vs. Kerala Nut Food Co.,

Court : Kerala

Reported in : [1991]192ITR585(Ker)

..... section 35b(1)(b)(iii) was amended by the finance act ..... bom of 1976-77 dated june 17, 1978) stated that the commission payments to parties who brought about the export sales are allowable as deduction under sub-clauses (i) and (ii) of clause (b) of sub-section (1) of section 35b of the act, and that the said decision was accepted and adopted as part of the (beneficent) circular issued by the central board of direct taxesdated december 18, 1981 (annexure-h1), specifically urged and accepted by the appellate ..... the appellate tribunal was not invited to make a different approach for the two years (1978-79 and 1979-80), the difference brought about by the finance act is not seen mentioned at all and the appellate tribunal had no occasion to consider the same in its appellate order ; nor was any such distinction for the two years ( ..... 1987]166itr607(ker) ) and a bench of this court, by judgment dated february 11, 1987, held that the burden is on the assessee to prove that the expenses were incurred ''outside india' for specified activities performed 'outside india', though payment may be made in india, in order to claim weighted deduction under section 35b of the act ..... tharian's case : [1987]166itr607(ker) and the decisions following the same are distinguishable and should be understood ..... tharian's case : [1987]166itr607(ker) was explained by the ..... 8388, 8450, 8451, 8676, 8677, 8712, 8713 and 8737 of 1984 were heard and disposed of by a common judgment by a bench of this court on june 18, 1987. .....

Deputy Commissioner (Law), Commercial Taxes Vs. C.P. Rajarathinam

Court : Kerala

Reported in : (2008)11VST53(Ker)

..... section 17(4) of the act, as substituted by finance act, 1992 with effect from april 1, 1992 and further substituted by the finance act, 1993, published ..... though rule 18a(1a) of the rules provides for filing the statement in form 21cc along with the return, in view of the provisions of section 17(4) of the act which is applicable to pending assessments also in respect of assessment for the years prior to 1990-91 the assessees may not have filed the statement in form 21cc contemplated under rule ..... circle, alappuzha [1998] 6 ktr 399, where it was held that the provisions of section 17(4) of the act should be made applicable even in respect of assessment years prior to april 1, 1992 which are pending completion of assessments and that if the provisions of section 17(4) of the act are satisfied the assessing authority is bound to complete the assessment accordingly.4. ..... 767 dated july 29, 1993, reads as follows:(4) notwithstanding anything to the contrary contained in sub-sections (3) and (4a) the assessing authority shall accept the return for any year the assessment relating to which has not been completed along with the statements prescribed, which are in accordance with the provisions of the act and rules made thereunder, submitted by any dealer, whose total turnover specified in the return ..... circle, alappuzha [1998] 6 ktr 399 (ker), where it was held that the provisions of section 17(4) of the act, introduced with effect from april 1, 1992, will apply even to pending assessments .....

Guruvayur Devaswom Committee Vs. Income-tax Officer, Trichur.

Court : Kerala

Reported in : (1976)5CTR(Ker)0206A

..... but when the finance act, 1972 came into force the devaswom was called upon to file such return and that is said to have on the basis of the amended definition of; income ..... (iia) was introduced in the sub-section by the finance act and that reads :'(iia) voluntary contributions received by a trust created wholly or partly for charitable or religious purposes or by an institution established wholly or partly for such purposes, not being contributions made with a ..... the devaswom seeks orders from this court striking down the definition in section 2(24) to the extent voluntary contributions falling within clause (iia) also is ..... section 11 of the income-tax act provided for exclusion of certain items of income form the total income of the previous year of the person in receipt if such income and sub-section 1 (a) of that section excluded -'income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purposes in india'.and sub-section (b) similarly dealt with income derived from property held under trust in ..... the income-tax department has taken the stand that the section is competent and the proceedings calling upon the petitioner to submit returns are also ..... (2) notwithstanding anything contained in sub-section (1), where any such contributions as are referred to in sub-section (1) are made to a trust or a charitable or religious institution buy a trust or a charitable or religious institution to which the .....

M/S.Medical Land, Trichur Vs. Commissioner of Income Tax,kochi

Court : Kerala

..... , namely the claim of depreciation allowance also was concerned, the tribunal took note of the words "or any expense, deduction or allowance claimed under this act which is found to be false" added to the definition of the undisclosed income vide section 158b(b) of the act by the finance act, 2002 with effect from 01/7/1995 which clinched the issue against the assessee. ..... the assessing officer noted that the assessee was regularly claiming depreciation on the building owned by the assessee which had been rented out to third parties, noting that depreciation under section 32 of the act is allowable only when it is used for the purpose of the business and as it was evident that the building was not used for the purpose of the business ..... loss of each previous year shall, for the purpose of aggregation, be taken as the total income or loss computed in accordance with the provisions of this act without giving effect to set off of brought forward losses under chapter vi or unabsorbed depreciation under sub-section (2) of section 32: provided that in computing deductions i.t.a.no.221 of201229 under chapter via for the purposes of the said aggregation, effect shall be given to set off of brought ..... the effect of the words "undisclosed income" as amended by the finance act, 2002. ..... the object of the amendment is to specifically provide that any expense, deduction or allowance claimed under this act which is found to be false, shall be included ..... in view of the amended definition of "undisclosed .....

Malayala Manorama Company Limited Vs. Assistant Collector of Customs a ...

Court : Kerala

Reported in : 1993(44)ECC145

..... schedule of the customs tariff act, 1975 and the levy of auxiliary duty under the finance act, 1981 to newsprint as modified by notification issued under section 25 of the customs act, 1962 with effect from 1.3. ..... of duty would be 28.1.1988 and the division bench of the high court committed a clear error in holding that the actual date of delivery for the entire lot of goods should be considered as 2/3rd october, 1987 when the goods actually arrived in the territorial waters of india.referring to the above contention the supreme court held: [1991] 32 ecc 189 at pp 204-205, para 39 .the appellant submitted the bills of ..... the rate of duty applicable to the imported goods had to be determined according to the law which was prevalent on the date they were actually removed from the warehouse, namely, the amended sections 14 and 15 of the act.that was a case where goods were warehoused and part of the goods were removed. ..... of goods were cleared, the currency was devalued and sections 14 and 15 of the customs act were amended. ..... _________________________________________________________________________________1 2 3 _________________________________________________________________________________1 newsprint for printing of newspapers, books rs.550 per tonne and periodicals2 newsprint for other purposes rs.40 per cent ad valorem_________________________________________________________________________________the modification was also challenged by way of an amendment before the supreme court. .....

Commissioner of Income Tax Vs. Aspinwall and Co. Ltd.

Court : Kerala

Reported in : (1993)115CTR(Ker)85

..... the tribunal, in that case, held that the assessee was an industrial company as defined in the finance act as meaning a company which, among other things, is mainly engaged in the manufacture or processing of ..... (2), which is owned by the assessee and is wholly asked for the purposes of the business carried on by him, there shall, in accordance with and subject to the provisions of this section, be allowed a deduction, in respect of the previous year in which the ship or aircraft was acquired or the machinery or plant was installed or, if the ship, aircraft, machinery or plant is first put to use in the immediately succeeding previous ..... decision of this court construing the word manufacture arising under the finance act (it act) is the one reported in cit vs . ..... 2(6)(c) of the finance acts of 1969 and ..... 2(6)(d) of the finance act, 1968 and ..... these cases are decided under the sales-tax act and after considering the processes involved in that ..... word 'manufacture' has been considered by the supreme court of india and the high courts in innumerable decisions in the context of the central excises and salt act, sales-tax act, income-tax act, etc.6. ..... respect of that previous year, of a sum by way of investment allowance equal to twenty-five per cent of the actual cost of the ship, aircraft, machinery or plant to the assessee :provided that no deduction shall be allowed under this section in respect of -(1) ..... ..... (1) and 32(2)(b) of the it act, 1961 are relevant in this context ..... : [1987]168itr744(sc) .....