Judgment Search Results Home > Cases Phrase: finance act 2007 section 107 amendment of section 127k Court: kerala Page 19 of about 186 results (0.149 seconds)

Manager, Valia Amma Thampuran Kovilakam Estate Vs. Agricultural Income ...

Court : Kerala

Reported in : [1968]69ITR304(Ker)

..... till the merger of the state of cochin with the state of travancore on july 1, 1949, and even thereafter, till the passing of the finance act, 1950. section 13 of the finance act, 1950, in so far as it is material, provides as follows :'if immediately before the 1st before the 1st day of april, 1950, there ..... state, this was not by the provisions of any special statute, but by amendments carried out to the cochin income-tax act. according to the counsel for the respondents, the provisions of section 13 of the finance act, 1950, were sufficient to 'put an end to' exhibit p-1 notification. counsel took the stand that the expression ..... 'ceased to have effect' in section 13 of the finance act of 1950, was different from 'repeal' and, therefore, would not attract the provisions of section 24 of the general clauses act, 1897 (central act 10 of 1997), or the corresponding provision in section 22 of the cochin general clauses act. it is unnecessary to resolve this controversy. .....

The Commissioner of Income-tax, Kerala, Ernakulam Vs. the Ouchterlony ...

Court : Kerala

Reported in : [1965]58ITR618(Ker)

..... expression 'wholly and exclusively' and uses that expression when necessary is clear from another clause of the same sub-section, clause (xv) of section 10(2) which was in force when section 10(2)(vi-b) was inserted by the finance act of 1955. in view of this we think we must attribute a meaning to the word 'wholly' which is ..... the actual, cost ofsuch machinery or plant to the assesses:' 4. it is common ground that the rebate granted by the appellate tribunal under section 10(2) (vi-b) of the indian income-tax act, 1922, is justified, provided the assets concerned were 'wholly used for the purposes of the business carried on by the assessee'. according ..... is :'whether, when assets are commonly used for the-production of both tea and coffee, the assessee is entitle to proportionate development rebate under section 10 (2 (vi-b) of the indian income-tax act, 1922?'2. the assessee, the ouchterlony valley estates (1938) limited, is engaged in the cultivation of tea and coffee. it contended that .....

Cit Vs. Hintannia Plastics (P) Ltd.

Court : Kerala

Reported in : [2003]131TAXMAN473(Ker)

..... the orders passed by the two appellate authorities and direct the assessing officer to decide this question afresh in the light of explanation (b) to section 80hha inserted by the finance act, 1999 with retrospective effect from 1-4-1978 and to pass a fresh assessment order in accordance with law. it is open to the assessee to ..... , it is a matter for consideration by the assessing officer as to whether the assessee satisfies the provisions of clause (b) of the explanation to section 80hha added by the finance act, 1999 with retrospective effect from 1-4-1978. this is also a matter for evidence to be produced by the assessee. since this question has not ..... 3. today, when the matter came up for hearing the learned counsel appearing for the parties submitted that the provisions of section 80hha has been amended by modifying the explanation (b) to the said section by finance act, 1999 with retrospective effect from 1-4-1978 (from the assessment year 1978-79 onwards) as per which an industrial .....

Marthoma Medical Mission Thiruvalla Vs. The Chief Commissioner of Inco ...

Court : Kerala

..... ext.p3 application for continuing the benefit granted to it by ext.p1 order, for the assessment years from 2005-2006 to 2007-2008. by that time, however, the provisions of section 10 (23-c) (via) had been amended by finance act, 2006 by adding proviso 14 therein which read as follows: w.p.(c).no.11421 of 2008 2 "provided also ..... has been filed on behalf of the respondent wherein ext.p4 order is sought to be justified by placing reliance on the 14th proviso to section 10 (23-c) (via), that was inserted by the finance act, 2006 with effect from 01.06.2006. it is further pointed out that the claim for extension of the benefit granted in earlier years, ..... as on 1st of april of the relevant assessment year. in the instant case, when it came to the assessment years 2005-2006 and 2006-2007, an amendment that was introduced through the finance act with effect from 01.06.2006 would have no application to the assessment of the petitioner for the said assessment years. the amendment would govern only .....

Commissioner of Income-tax, Kerala Vs. Kozhikode Wyanad Motor Service ...

Court : Kerala

Reported in : [1959]37ITR311(Ker)

..... in the hands of the respondent out of the balance income left after deduction of income-tax and super-tax.3. under section 23a of the indian income-tax act, as it stood before the amendment made by the finance act of 1955, the income-tax officer had, in cases in which the dividend declared by a company for distribution among its shareholders ..... the year not less than 60 per cent. of the assessable income as reduced by the amount of income-tax and super-tax. section 23a(1) and proviso (2) thereto as they stood before the amendment by the finance act of 1955, read as follows :'23a. power to assess individual members of certain companies. -(1) where the income-tax officer is satisfied ..... (1) it is first necessary to consider the nature and scope of the order made under that section. under section 23a(1), as it stood before the amendment by the finance act of 1955, the income-tax officer had no power to re-open an assessment made on a company, and so far as the company was concerned, all that he .....

P.P. Rajan Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : [1999]236ITR815(Ker)

..... proviso. it is further submitted that filing of return is not onerous since it is now simplified. the proviso was introduced by the finance act, 1997, with effect from april 1, 1997. the memorandum explaining the provisions in the finance bill, 1997, is as follows :'one of the possible ways by which a larger number of persons can be brought under the tax ..... petition, he has sought for a declaration declaring that the provisions contained under the proviso to section 139 of the income-tax act, 1961, are illegal and unconstitutional and for a direction not to implement the conditions enumerated under the proviso to section 139 of the income-tax act.2. the main contention of the petitioner is that the conditions set out in the ..... return even if he does not have an assessable income provided he satisfies these conditions. 4. for all these reasons, i do not find any illegality in the proviso to section 139 of the income-tax act. hence, the original petition fails and it is dismissed. .....

K. Rajendran Pillai . Union of India

Court : Kerala

Reported in : [2006]156TAXMAN160(Ker)

..... from the valuation clause, clause (7), introduced in rule (3) of the income tax rules, 1962 prescribed under new clause (vi) of section 17(2), introduced by finance act 2001 with effect from 1-4-2002, that government proposes to introduce tax on interest incentive only from assessment year 2002-03 onwards. it appears the ..... employer. in both the cases, the courts have referred to section 17(2)(vi) introduced by finance act, 1984 with effect from 1-4-1985 and it's later deletion by finance act 1985 retrospectively to neutralize the provision as originally introduced. by introducing clause (vi) to section 17(2) parliament made it clear that interest concession given ..... company directly to the financial institution from which petitioners and other employees availed house building loan is a perquisite falling under clause (iv) of section 17(2) of the act, because under the terms of the loan, as admitted in this case, the financial institution can directly claim the interest subsidy from the third .....

Punjab National Bank Rep. by Its Chief Manager Vs. the Consumer Disput ...

Court : Kerala

..... section 35 of the sarfaesi act overrides section 22 of the sick industrial provisions (special provisions) act, 1985. the learned judge has held thus in paragraphs 6 and 7 ..... is to be held that cdrf has also jurisdiction to entertain challenge against proceedings under the sarfaesi act, that would be hit by section 34 in so far as that would be inconsistent with the provisions of the sarfaesi act. 9. in integrated rubian exports ltd. v. industrial finance corporation 2008 (4) klt 640, a learned single judge of this court has held that .....

Annamma Kunjacko Vs. Tax Recovery Officer and Others.

Court : Kerala

Reported in : [1967]64ITR85(Ker)

..... lakshman shenoy v. income-tax officer, ernakulam, the supreme court has held :'moreover, the collocation of the words, levy, assessment and collection (in section 13 (i) of the finance act, 1950) indicates that what is meant is the entire process by which the tax is ascertained, demanded and realised... we approve of the decision ..... (e) of the recommendations of the committee, and must be disposed of under the pre-existing state law. section 13(1) of the finance act, 1950, gives effect to that recommendation.'the provisions of the finance act, 1950, in the light of the interpretations thereof by the supreme court cited above, put beyond doubt that the ..... is given to the recommendation (quoted above) of the indian states finances enquiry committee in the application of section 13 (1) of the finance act, 1950, the question of arrest and detention for recovery of tax assessed under the pre-existing travancore act would come within the ambit of the expression 'matters and proceedings arising .....

The Chirakkal Service Co-Operative Bank Ltd Vs. The Commissioner Of In ...

Court : Kerala

..... insertion of section 80ac as per the finance act of 2006 with effect from 1.4.2006. this clearly evidences the legislative intendiment that ..... year, no deductions shall be allowed. this embargo in section 80a(5) would apply, though section 80p is not included in section 80ac. this is so because, the inhibition against allowing deduction is worded in quite similar terms in sections 80a(5) and 80ac, of which section 80a(5) is a provision inserted through the finance act 33/2009 with effect from 1.4.2013 after the .....