Court : Kerala
Reported in : [1967]64ITR188(Ker)
..... not feel called upon to state anything, as it would be hypothetical to do so. of course, different considerations arise on sections 4(i) and 4 (ii) after they have been amended by the finance act of 1959. while, therefore, we come to the conclusion that the order of the learned judge, which has given rise to ..... counsel supported the assessment for the year 1958-59, relying on the provisions of section 4(i) and section 4(ii) of the act, as they were before their amendment by the finance act of 1959. they read as follows :'unless otherwise provided in section 5, the following amounts shall be included in computing the expenditure of an assessee ..... liable to tax under this act, namely :(i) any expenditure incurred, whether directly or indirectly, by any person other than the assessee in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker244
..... use in such building, or hut, or part of a building or hut, should also be included in the definition of 'building' occurring in sub-section (1) of section 2 of the act. therefore the learned advocate general pointed out, that the only ingredient that is necessary for the purpose of bringing a particular item as 'building' as defined ..... learned judge again states, after referring to 'any furniture supplied or 'any fittings affixed by the landlord', as mentioned in clause (b) of sub-section (1) of section 2 of the act, that such furniture and fittings can only be furniture and fittings which normally go along with a building. ultimately the learned judge is of the view ..... in that clause, the following words shall be inserted viz., 'or any fittings affixed'. therefore, it will be seen that clause (b) of sub-section (1) of section 2 of the principal act, after it has been so amended, will read thus:'any furniture supplied or any fittings affixed by the landlord for use in such building or hut .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker260
..... mahmood that the sale is a condition precedent to its enforcibility.'again in radhakrishan laxminarayan v. shridhar ram chandra air 1960 sc 1368 it is held:'under section 54 of the transfer of property act a contract for sale does not of itself create any interest in or charge on immovable property and consequently the contract in the instant case created no ..... a year does not amount to waiver.' (head-notes) 8. counsel fur defendant relied largely on pateshwari partab narain singh v. sitaram air 1929 pc 259 to contend that an act of the pre-emptor before a sale takes place may amount to a waiver or abandonment of his right to preempt. that certainly can be. the right of the pre ..... other reliefs claimed in the plaint are dismissed. the appellants are entitled to their costs from the contesting respondents. 11. counsel for the respondents requests leave for an appeal under section 5 of the high court act. leave is given. .....
Tag this Judgment!Court : Kerala
Reported in : [1967]66ITR250(Ker)
..... basis of the regular assessment, so far as such tax related to income to which the provisions of section 18 do not apply and so far as it is not due to variations in the rates of tax made by the finance act enacted for the year for which the regular assessment is made, simple interest at the rate of six ..... on the face of the record as explained in the decision in sidhramappa v. commissioner of income-tax.counsel on behalf of the revenue invited my attention to section 18a(8) of the act reading as follows :'18a. (8) where, no making the regular assessment, the income-tax officer finds that no payment of tax has been made in accordance ..... iv income-tax officer, e-ward, bombay and lata mangeshkar v. union of india. those were cases where similar alleged mistakes were corrected by exercising power under section 35 of the indian income-tax act, 1922. the orders of correction were set aside as without jurisdiction. reliance was also placed on the supreme court decision in s. a. l. narayan row .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker286
..... to presume that the improvements were in existence in 1115 (1939-40), there being no evidence to the contrary. (see illustration (d) to section 114 of the evidence act. it is hardly likely that, while in possession, the plaintiff would have destroyed such improvements effected by him.27. the lower court has disallowed ..... which the person in wrongfulpossession of such property actually received'we have no doubt that it was for the 1st defendant to supply the data required-- section 106of the evidence act. but the 1st defendant contumaciously refused to supply the datain disobedience of an order made by the courton 25-6-56, and, certainly, it ..... as alleged by the plaintiff himself. thereafter he could have recovered possession only by a suit brought within six months under section 32 of the travancore limitation act (corresponding to section 9 of the specific relief act). in any view of the matter, the plaintiff's possessory title was extinguished when the true owner, namely, the government .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kerala
Reported in : (1966)IILLJ219Ker
..... surplus after reasonable claims of capital for a fair share therein are met is not at all near in sight. my finding is that in its present state of finances the company has not the capacity to bear the dual burden of a provident fund scheme (that has already been instituted and which is presently framed) and of any ..... served the company for seven years are entitled to the benefit of gratuity. i think, as the binding character of the award has not been terminated by a notice under section 19(6), the obligations under the award continued. the company also thought itself bound by the award although the period mentioned therein expired. if that be so, the ..... in aluminium factory workers' union v. indian aluminium co. ltd. 1962-i l.l.j. 210, it was held:section 19 of the industrial disputes act does not visualize the automatio termination of any award framed under the industrial disputes act. even in a case where the award mentions the date till which it would be binding on the parties, notice of .....
Tag this Judgment!Court : Kerala
Reported in : (1966)IILLJ613Ker
..... decisions which have explained the word 'profession'. these decisions were concerned with the charging of profits derived from certain professions to excess profits duty. section 38 of the finance (no. 2) act, 1915 (5 and 6 geo. 5, c. 89) imposed an excess profits duty on certain profits arising from any trade or business ..... their workmen represented by mercantile employees association calicut over the issues mentioned at the foot, i, in exercise of powers conferred on me under section 12 of the industrial disputes act, 1947 (act xiv of 1947) read with rules 10 and 11 of the kerala industrial disputes rules 1957, hereby declare my intention to commence conciliation proceedings ..... . section 39(o) of the said act exempted from payment of excess profits duty'any profession the profits of which are dependent mainly on the personal qualifications of the .....
Tag this Judgment!Court : Kerala
Reported in : [1967]37CompCas790(Ker)
..... 125, 126and their lordships have practically dissented from the above view. before the learned judges it was argued on behalf of the crown that ' all that section (section 282) of the companies act required was that there must be a statement in a balance-sheet, that it must be known to be false, that it must be made wilfully in ..... sale. in exhibit d-15 the purchaser would state as follows:' we have received the entire machinery as per our agreement. please obtain the sanction from the finance corporation at your earliest and pass on to us the documents and title of the plants and machinery to complete the sale.'3. the letter is dated 19th march ..... of the district magistrate (judicial), alleppey, appeals against the acquittal of the accused who were hauled up before the court for offences under section 409, indian penal code, and section 628 of the indian companies act (1 of 1956). accused no. 1 is the managing director and accused nos. 2 and 3 the directors of the cochin chemicals and .....
Tag this Judgment!Court : Kerala
Reported in : [1966]18STC474(Ker)
..... seized his secret books when he knew for certain that his concealment of his real turnovers would not avail him any further to escape payment. under section 53 of the transfer of property act, a transfer made with intend to defeat subsequent creditors may be fraud on creditors, and avoided as such. on analogy, a transfer of property designed ..... in positive terms, the said provision may well be taken to be self contained and indicative of the intention to exclude the application of section 6, general clauses act. we are, therefore, of the opinion that the said section cannot be called in aid in this case.' (indira sohanlal v. custodian of evacuee property) a.i.r. 1956 s.c. ..... in force on the day on which such thing was done or action was taken.the supreme court held :in the present case sub-section (3) of section 58 of central act 31 of 1950 purports to indicate the effect of that repeal, both in negative and in positive terms. the negative portion of it relating to 'the previous operation .....
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