Court : Kerala
Reported in : AIR1964Ker18
..... of the provisions of the provisional collection of taxes act 1931.6. the bill became an act with certain modifications and amendments, as the finance act, 1961 act no. 14 of 1961. the act received the assent of the president on 29th april 1961, sub-section (2) of section 1 was to the effect.'save as otherwise provided in this act, sections 3 - 10 inclusive shall be deemed to have ..... of excise on all excisable goods in accordance with the sub-section. having regard to the provisions of the finance bill, 10 of 1961, read with the provisions of the provisional collection of taxes act, 1931, the provisions of the finance act, 14 of 1961, and the relevant provisions of the central excises and salt act, 1944, if under the relevant items the articles of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker25
..... notification dated the 26th august 1947 in exercise of the powers conferred by section 325 of the travan-core district municipalities act, 1116 (m. e.).4. the finance act of 1950 replaced the: travancore income-tax act, 1121 (m.e.). by the indian income-tax act, 1922. the workability of the proviso after the disappearance of the ..... picture and enacted the profession tax (validation and reassessment) act, 1958. section 2 of that act -- act 14 of 1958 -- reads as follows :'notwithstanding any judgment, decree or order of any court, the amendments to the taxation and finance rules contained in schedule ii to the travancore district municipalities act, 1116 (xxiii of 1116), made by notification no ..... )(a) and the proviso to rule 18 (2) followed on the 15th february 1956. it was issued in exercise of the powers conferred by section 325 of the travancore; district municipalities act, 1116 (m.e.). the amendments effected by the notification read as follows :'(1) in clause (a) of sub-rule (1) of rule .....
Tag this Judgment!Court : Kerala
Reported in : [1964]15STC228(Ker)
..... is because exhibit b9 is an application for making a note of the hire-purchase agreement in the registration certificate under the motor vehicles act, 1939. the expression 'owner' is defined in section 2(19) of that act, and under that definition the expression means in relation to a motor vehicle which is the subject of a hire-purchase agreement 'the person ..... e.r. 281, potter, j., dealt with the matter as follows :what one has to remember-and i think that this might be said of almost all bodies which finance hire-purchase agreements (and they are very numerous at the present time)-is that their real function is the leading of money, and it must necessarily be so. although ..... heap to be repaid by certain instalments and that the hire-purchase agreement really amounted only to the giving of a security on the lorry by thomas heap to the finance company with power to seize it in order to enforce its debt. the court said :-the question how a transaction of this sort ought to be regarded has .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker66; [1964]54ITR332(Ker)
..... more than twelve months en the valuation date.' 4. sub-clause (iii) of clause (m) of section 2 was inserted with retrospective effect to the commencement of the wealth-tax act, 1957, by section 20 of the finance act, 1959. section 20 of the finance act, 1959, was clause 20 of bill no. 17 of 1959, the notes on clauses appended to ..... that bill says:'clause 20 amends section 2 of the wealth-tax act, 1957, with retrospective effect to make it clear ..... all along. the amount of the liability depends on the finance act of the year concerned that is the effect of section 3 of the income-taxact which says that the tax at the rates-mentionedin the finance act shall be charged for the yearspecified in that act';and:'now, the finance acts for the years 1955 and 1956, like all other .....
Tag this Judgment!Court : Kerala
Reported in : [1964]15STC698(Ker)
..... period, and we do not propose to express our view thereon.4. we are not satisfied that the provisions of the agreement or the report of the indian states finance enquiry committee, 1948-49 compels us to hold that the right to levy sales tax in respect of ' works contracts ' will not revive on the expiry of the ..... of 1121, in the cochin area of the state and under the provisions of the travancore general sales tax act, 1124, in the travancore area of the state. those acts were repealed only by section 27 of the travancore-cochin general sales tax act, 1125, when it came into force on the 30th may, 1950. it follows that in view of ..... sales tax officer, mattancheri 1957 8 k.l.t. 380, this court had occasion to consider the question of ' works contracts ' under the travancore-cochin general sales tax act, 1125, with special reference to article 277 of the constitution. the court said:-sales tax in respect of works contracts was being levied immediately before the commencement of the constitution .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker316
..... namboodripad civil appeals nos. 262 to 266 of 1963 (sc) the supreme court had to consider whether the provision relaing to hindu undivided families in the wealth-tax act, 1957, violated the equality before law guaranteed by article 14 of the constitution, the supreme court said : 'we should like to point out that the high ..... it was contended before us that the travancore temple entry proclamation of 1112 m. e., the cochin temple entry proclamation of 1123 m.e., the madras temple entry authorisation1 act of 1947, and article 17 of the constitution of india which says :' 'untouchability' is abolished and its practice is forbidden. the enforcement of any disability arising out ..... grounds only of religion, race, caste, language or any of them'.clause (4) of article 15 of the constitution which was added by the constitution (first amendment) act, 1951, says that nothing in that article, or in clause (2) of article 29 'shall prevent the state from making any special provision for the advancement of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker46
..... the competence of the statelegislature under item 62 of list ii of the seventh schedule. that question would only arise if the cochin act or the similar travancore act survived the repeal effected by section 13(2) of the finance act'. and again towards the end of paragraph 12 it is stated; 'it may therefore be accepted that a duly of excise ..... 1084)--was not in the nature of excise duly and therefore, was not 'corresponding law' to the central excises and salt act 1944 and so the travancore and cochin acts were not repealed by section 13(2) of the finance act 1950. 5. the approach of the supreme courtseems to have been slightly different. in fact they declined to go into the ..... supreme court. i may add that the difference between the rules that were in existence on 1-4-1960; the dale on which the finance act was extended to the state of travancore-cochin by section 11(1) thereof, and the rules framed in august 1950 and january 1951, was also referred to by the supreme court. their lordships .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker183; [1964]54ITR583(Ker)
..... in these circumstances condition nos. (4), (5) and (7) cannot but be considered as satisfied.6. the relevant portion of section 45 -- substituting the word 'unit' for 'company' -- reads as follows:'the provisions of this act shall not apply to-- (d) any unit established with the object of carrying on an industrial undertaking in india in any case ..... circumstances of the case, the assessee company was entitled to exemption from wealth-tax under section 5(1)(xxi) of the wealth-tax act in regard to the white cement plant? 'the relevant portion of sub-section (1) of section 5 of the wealth-tax act, 1957, reads as follows;'wealth-tax shall not be payable by an assesses in ..... of carrying on an industrial undertaking in india within the meaning of the explanation to clause (d) of section 45, as is employed by it in a new and separate unit bet up after the commencement of this act by way of substantial expansion of its undertaking:provided that-- (a) separate accounts are maintained in respect of .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker123; 1965CriLJ446
..... or use. (we may, for the purposes of these cases, leave out analysis, and, with it, the question whether the compulsory taking of a sample for analysis under section 10 of the act becomes a sale because its cost is paid. in any case the accused were not in possession of the dal for the purpose of samples being taken). but, in ..... article of food, and, the second, because the dal was intended for sale as fodder and not for human consumption or use.4. 'sale', is thus defined by section 2(xiii) of the act'sale' with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and ..... for sale, an offer for sale, an exposure for sale, possession for sale and an attempted sale of any such article. the argument is that, by reason of section 20 of the general clauses act, rule 44-a must be understood as using the word 'sale' with its grammatical variations and cognate expressions, not in the ordinary sense of the word (as .....
Tag this Judgment!