Court : Kerala
Reported in : [1979]44STC312(Ker)
..... of the powers conferred by section 10 of the kerala general sales tax act, 1963 (act 15 of 1963), the government of kerala having considered it necessary in the public interest so to do hereby make an exemption in respect of the tax payable under the said act on the sale or purchase of the goods specified in schedule i hereto appended and by persons specified in schedule ii hereto appended in regard to their turnover on the sales of goods specified therein subject to the conditions specified therein.schedule i23. ..... . but that is not the sense in which the word is used in the midland railway company (rates and charges) order confirmation act, 1891, as i read it, and i do not think that, in the ordinary use of language, meat or fish, which had been preserved from decay for so long a period as here by the artificial application of cold would be spoken of as 'fresh meat' ..... therefore, i agree with the contention of the petitioner that in respect of the turnover as regards fish is concerned the second respondent has acted without jurisdiction in imposing the sales tax on the said turnover.the next question is, was the second respondent correct in imposing sales tax as regards the turnover ..... , stated:now when we have to consider the construction of words such as this occurring in acts of parliament we must treat the question thus: if the act is directed to dealing with matters affecting everybody generally, the words used have the meaning attached to them in the common and ordinary use .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker111; 2005(4)KLT709
..... by finance act, 2005 (act 10 of 2005), with effect from 1-4-2005, the legislature amended the schedule to the kerala stamp act, 1959 enhancing the stamp duty payable on ..... or at the time of execution, read with section 23 of the registration act, 1908 providing for four months' time for presentation of documents for registration, from the date of its execution, concluded that documents signed by the vendor before 1-4-2005 need be stamped only at the rate applicable prior to the amendment of the kerala stamp act, by kerala finance act, 2005 as per which the amendment to the kerala stamp act came into force only with effect from ..... sub registrars refused to register the sale deeds unless stamp duty is paid at the enhanced rate fixed by the finance act, 2005 the writ petitioners in the above cases approached this court by filing the writ petitions.3. ..... that in cases where sale deeds and other compulsorily registrable documents, executed prior to 1-4-2005 and presented for registration subsequent to 31-3-2005, the rate of stamp duty applicable is that existing prior to 1-4-2005 and will be unaffected by the amendment made by the finance act, 2005. ..... 2005 arose, the writ petitioner is the all kerala document writers' and scribes' association, who have approached this court to declare that the registering authority under the registration act has no right to refuse registration of a document executed prior to 1-4-2005 on the ground that no stamp duty is paid as per finance act 10 of 2005 .....
Tag this Judgment!Court : Kerala
Reported in : (2005)194CTR(Ker)12; [2005]273ITR386(Ker)
..... last of such assessments or reassessments.from the above it is clear that the seized amount and assets retained under section 132(5) can be applied for setting off of existing liability under the it act and other acts referred to in clause (iii) of section 132(5) and also towards tax liability determined on regular assessment or on reassessment completed for all the assessment years relevant to the previous years for which ..... the petitioner raised 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 ..... 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. ..... of procedural violation under section 132b(1)(iii) read with third schedule to the act in the encashment of seized assets, namely, ivps also, ..... its amendment by finance act, 2002, ..... that there was no demand subsisting as on the date of making the applications, which is the condition for granting the benefit under the scheme prescribed under section 90(1) of the finance (no. .....
Tag this Judgment!Court : Kerala
Reported in : [1999]237ITR706(Ker)
..... of this section, 'book profit' means the net profit as shown in the profit and loss account for the relevant previous year prepared in accordance with the provisions of parts ii and iii of the sixth schedule to the companies act, 1956 (1 of 1956), as increased by- (a) the amount of income-tax paid or payable, and the provision therefor ; or(b) the amounts carried to any reserves, by whatever name called ; or(c) the ..... after deducting an amount equal to the depreciation computed in accordance with the provisions of sub-section (1) of section 32 from the amounts of profits computed in accordance with the requirements of parts ii and iii of the sixth schedule to the companies act, 1956 (1 of 1956), as increased by the aggregate of-- (i) the amount of depreciation ;(ii) the amount of income-tax paid or payable, and provision therefor ;(iii) the amount of surtax paid or payable under the companies ..... prior to the introduction of section 115j by the finance act, 1987, with effect from april 1, 1988, there was a provision applicable to all companies regarding the quantum of deductions in respect of certain reliefs provided under the act introduced by the finance act of 1983, with effect from april 1, 1983, ..... the consideration for the said view is stated in ramaiya's guide to the companies act, twelfth edition (1992), at page 963 as follows ;'one, in their fiduciary capacity as agents, they have an obligation to report, and two, full and frank disclosure of information to enlighten the users .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker77; [1966]60ITR737(Ker)
..... lakhs of net wealth1/2%(iii)on the next rupees ten lakhs of net wealth1%(iv)on the balance of net wealth11/2%xxxx xxxx'20.bv section 13 of the finance act of 1960 (act xii of i960) it was provided:'notwithstanding anything contained in the wealth tax act 1957 (hereinafter referred to as the wealth tax act) no tax shall be charged in respect of the net wealth of a company for any financial year commencing on or after the 1st day ..... by section 70 of the finance act 1965, for part i of the schedule lo the act, the following part was substituted:'(a) lu the case of every individuals: rate of tax(i) on the first rupees one lakhs of net wealthnil(ii) on the next rupees four lakhs ..... , that if non-hindu undivided families as aforesaid are looked upon as groups of individuals and therefore comprehended by the term 'individual', 'these families have been discriminated against by reason of the schedule of the act, part i, paragraph a, which has prescribed a lower limit of exemption for 'individual' as against ahigher limit for 'hindu undivided family' and that, if for that reason, non-hindu undivided ..... treatment accorded to a mappila marumakkthayam tarwad by assessing it as an 'individual' with a lower limit of exemption from tax, and a higher incidence of taxation (vide, the schedule to the act) would amount to discrimination in comparison with the preferential treatment accorded to a hindu undivided family, which is given a higher limit of exemption and a more beneficial incidence of taxation .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker58
..... the chief contention of the petitioners was, that the delegation of power to government under section 18(1) of the act 'to alter, add to, cancel in part or the whole of schedule i, ii or iii' exceeded the permissible limits, and is invalid, and that the impugned notification is therefore ..... different rates, which were to be applied according to the classification of goods in the different schedules.a policy was thereby indicated and was also discernible in the scheme of classification in the act, schedule i comprising what may be called luxury goods, such as silks, motor vehicles etc. ..... issued the notification, which is now impugned, the effect of which was to enhance the maxima specified in schedules i and iii of the act substantially, for certain classes of vehicles and to fix the rates for them accordingly.2. ..... 'sub-section (2) 'all references in this act to schedule i or schedule ii or schedule iii shall be construed as referring to such schedule as for the time being amended in exercise of the powers conferred ..... it is necessary to dispose of an argument, advanced on behalf of a few of the petitioners with some earnestness, that section 18(1) of the act must be read subject to the proviso to section 3, on the principle of harmonious construction of dit-ferent parts of a statute, that so understood, section 18(1) could not be deemed to confer a power on government, to enhance the maxima specified in schedules i and iii, of the act and that therefore the notification is ultra vires. .....
Tag this Judgment!Court : Kerala
Reported in : 2007(1)KLT165; (2009)24VST104(Ker)
..... while so, the kerala value added tax act, 2003 was amended by the kerala value added tax (amendment) act, 2005 and silk fabrics and sarees made of natural silk were included as ..... of the apex court in that decision will not, in any way, advance the contentions of the petitioners that the state legislature lacks power to levy tax once a particular commodity finds a place in schedule i to the ade act.in the result, the writ petition fails and it is dismissed.w.p. ..... reason also, we hold that cotton based tarpaulin is exempted from sales tax under the kgst act.the counsel further added, admittedly, fabrics of silk and other related products are included in schedule i, though the rate of levy is nil. ..... clause (29-a) of article 366,be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify.woven fabrics of silk or of silk waste is included in the first schedule to the above said act and the rate of levy is nil. ..... senior government pleader (taxes) appearing for the respondents would submit that the only consequence of levying tax in relation to an item included in the first schedule to the ade act is that the state cannot claim any share of the duty collected, as provided in the second schedule to the said act. ..... this and the recommendation of the finance commission in its report dated september 30, 1957, the additional duties of excise (goods of special importance) act, 1957, was passed by parliament. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ228
..... into and that agreement itself contemplates the delivery of possession of the property within the stipulated time, then such an agreement should be deemed to be a conveyance for the purpose of duty leviable under the bombay stamp act.in the case on hand also, there is a specific stipulation in ext.p2 that the third petitioner will complete the construction of the flat by 31.12.2008 and handover possession within 90 days thereafter.10. ..... the petitioners are aggrieved by the recent amendments brought to the kerala stamp act, 1959 (hereinafter referred to as 'the act') by the kerala finance act, 2007. ..... the main point that arises for decision in these cases is the constitutional validity of certain provisions of the kerala stamp act, 1959, which were introduced by way of an amendment by the finance act, 2007 (act no. ..... 'conveyance' includes a conveyance on sale and every instrument by ' which property, whether movable or immovable is transferred inter vivos and which is not otherwise specifically provided for by the schedule.the learned senior counsel pointed out that, hitherto, the stamp duty for an agreement was rs. ..... india limited (2005) 3 scc 239. ..... ext.p4 dated 11.5.2005 is the power of attorney executed by the owners of the said land in favour of the third petitioner.4. ..... ext.p3 dated 14.3.2005 is one such agreement entered into by the third petitioner with the owners of a land. ..... basant nahata : air 2005 sc 3401.6. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332
..... writ petitioners challenge the constitutional validity of sub-section 1(a) to section 4 of the kerala chitties act, 1975 introduced by the kerala finance act, 2002 (act 7 of 2002) with effect from 1.4.2002 as beyond the legislative competence of the state legislature and also prayed for a declaration that the same is unconstitutional, void and violative of articles 14 and 19(1)(g) of the constitution of india. ..... therefore the contention that since the act has been included in the 9th schedule it is beyond the judicial scrutiny cannot be accepted.20. ..... it is trite the protection afforded by article 31-b to the act included in the ix schedule would not take in the amendments effected to the act, unless it is specifically included in the schedule. ..... article 31-b gives protection to all the statutes listed to the ix schedule of the constitution from any challenge on the ground of violation of any of the fundamental rights secured under part iii of the constitution. ..... the entries in the three lists of the seventh schedule to the constitution are legislative heads or fields of legislation. ..... sub-section (1)(a) of section 4 has not been included in the 9th schedule, hence be made subject to judicial review. ..... the kerala chitties act, 1975 has been included in the 9th schedule as item no. ..... the act was also included in the 9th schedule of the indian constitution as item no. .....
Tag this Judgment!Court : Kerala
Reported in : (2009)227CTR(Ker)97; [2009]20STT1; (2009)24VST185(Ker)
..... petitioner, an association of non-banking financial companies, and petitioners 2 and 3 its members, have filed this writ petition challenging the constitutional validity of section 137 of the finance act, 2001 by which service tax is introduced on 'banking and other financial services' which includes 'equipment leasing and hire purchase'. ..... not think the provisions pertaining to levy of service tax on hire-purchase or lease transactions is in anyway different from the service tax authorised for the large number of transactions under the finance act, 1994, the constitutional validity of which are upheld by the supreme court in the decisions above referred. ..... the respondents on the other hand contended that the hon'ble supreme court has upheld the legislative competence of parliament to levy service tax under the residuary entry 97to list i of viith schedule to the constitution in the decisions in tamil nadu kalyana mandapam association v. ..... union of india [2005] 1 stt 41 (sc) and thereafter through constitutional amendments entry 92c to list i of viith schedule and article 268a are introduced expressly giving authority to the parliament to legislate on ..... petitioners to challenge the impugned provisions is that parliament has no authority to legislate on hire-purchase and leasing transactions which are subjects left for levy of sales tax by the states under entry 54 of list ii of vllth schedule to the constitution of india. ..... union of india [2005] 2 stt 242 (sc) and gujarat ambuja cements .....
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