Court : Kerala
Reported in : AIR1968Ker292; [1968]69ITR62(Ker)
..... referred is:'whether on the facts and in the circumstances of the case the assesses was an exporter entitled to the rebate contemplated in section 2(5)(i) of the finance act. 1963?'2. section 2 (5) (i) of the finance act, 1963, provides that an assessee (other than a company)'whose total income includes any profits and gains derived from the export of any goods ..... rent payable in respect of land used for agricultural purposes was exempt from income-tax as being agricultural income within the definition of that phrase contained in section 2 (1) of the indian income-tax act, 1922. according to that definition 'agricultural income' meant.'any rent or revenue derived from land which is used for agricultural purposes and is either assessed to ..... costs9. a copy of this judgment under the seal of the high court and the signature of the registrar will be sent to the appellate tribunal as required by sub-section (1) of section 260 of the income-tax act. 1961. answered against assessee.
Tag this Judgment!Court : Kerala
Reported in : 1968CriLJ625
..... can refer to is the rule that wilful blindness is equivalent to knowledge. 15. in rex, v. bernhard, 1938-2 kb 264 the appellant was charged under section 3d of the larceny act. 1916, with demanding money with menaces with intent to steal when she threatened to expose complainant's immoral relationship with her unless he fulfilled the promise he made ..... have demolished the fence put up by p. w. 1 and thereby committed the offence of mischief, and convicted them under section 427 read with section 34 i p. c.. but released them after admonition under section 3 of act 20 of 1958 accused 1 and 2 filed an appeal before the sub divisional magistrate. the sub divisional magistrate acquitted the accused. ..... -- that they were the owners of the property and were in possession and that p.w. 1 has no right to construct the fence in the property, their act in demolishing the fence would not constitute the offence of mischief under section 427. i confirm the order of acquittal, and dismiss the petition. .....
Tag this Judgment!Court : Kerala
Reported in : [1969]73ITR356(Ker)
..... that the transaction did not involve any sale and that it was only a surrender of the business in settlement of his debts and it did not attract section 12b of the act. this contention was rejected and the appeal was dismissed. the assessee filed a second appeal before the appellate tribunal, repeating the same contention. he also contended ..... the price of broad gauge and meter gauge sleepers referred to earlier. but for the weak financial position of the assessee and the dependence on the creditor for further finance, the assessee was left with no option but to supply to the creditor at lower prices.in all these, we do not consider that there were justifiable reason for ..... to messrs. m. p. moothadath and sons for a sum of rs. 1,70,797.61. this was satisfied to the assessee as follows :'1. amount due to kerala finance corporation from the assessee to be discharged by the purchasersrs. 31,813.662. amount due from the assessee to sri p. r. moothadath to be discharged by the purchasersrs. 1 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker156
..... that the transaction did not involve any sale, and that it was only a surrender of the business in settlement of his debts and it did not attract section 12-b of the act. this contention was rejected; and the appeal was dismissed. the assessee filed a second appeal before the appellate tribunal, repeating the same contention. he also contended ..... the price of broad gauge and meter gauge sleepers referred to earlier. but for the weak financial position of the assessee and the dependence on the creditor for further finance, the assessee was left with no option but to supply to the creditor at lower prices. in all these we do not consider that there were justifiable reasons for ..... .' 5. there can be little doubt chat the transfer of the business by the assessee to m/s. moothadath and sons falls within the ambit of section 12-b of the act. the consideration recited in a document is not conclusive; and it is open to an assessee to establish that the real consideration is less than what is .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker208
..... were released on bail by the first class magistrate.3. on 28-5-1966, the assistant director, enforcement directorate, ministry of finance, government of india, madras passed an order under section 19(2) of the act. on 29-5-1966, the sub-inspector of police submitted a report in the first class magistrate's court praying that as ..... seize documents, if he has reason to believe that such a person has secreted any document which will be useful for or relevant to any proceeding under the act. section 19d empowers an officer of enforcement, not below the rank of assistant director to authorise any officer of enforcement to search for and seize any documents for the ..... it is possible for the said sub-inspector of police, varkala to obtain and furnish. now therefore in exercise of the powers conferred by sub-section (2) of section 19 of the said act the central government hereby requires the said sub-inspector of police, varkala, to furnish or to obtain and furnish to the central government with the .....
Tag this Judgment!Court : Kerala
Reported in : 1968CriLJ936
..... were released on bail by the first class magistrate.3. on 28.5.1966, the assistant director, enforcement directorate, ministry of finance, government of india, madras passed an order under section 19(2) of the act. on 29.5.1966, the sub-inspector of police submitted a report in the first class magistrate's court praying that as ..... seize documents, if he has reason to believe that such a person has secreted any document which will be useful for or relevant to any proceeding under the act. section 19d empowers an officer of enforcement, not below the rank of assistant director to authorise any officer of enforcement to search for and seize any documents for the ..... it is possible for the said sub-inspector of police, varkala to obtain and furnish.now therefore in exercise of the powers ?conferred by sub-section (2) of section 19 of the said act the central government hereby requires the said sub-inspector of police, varkala, to furnish or to obtain and furnish to the central government with the .....
Tag this Judgment!Court : Kerala
Reported in : [1968]70ITR640(Ker)
..... is should be so fairly conceded by the learned counsel for the applicant. we many, in this context, note that section 10 of the act has been amended by section 69 of the finance act, 1965, by adding the following proviso to section 10 :'provided further that a house or part thereof taken under any gift made to the spouse, son daughter, ..... his wife and children in the said property can be deemed to be property passing on the death of sri parameswaran pillai, depends on the application of section 10 of the act. this section reads as follows :'gifts whenever made where donor not entirely excluded. -property taken under any gift, whenever made, shall be deemed to pass on the ..... standing in the name of the wife of the deceased was correctly included in the estate of the deceased as property deemed to pass on his death under section 10 of the act ?2. whether, on the facts and in the circumstances of the case, for the purpose of inclusion in the estate, the properties covered by the settlement .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker315
..... but this seems to have little application to the compensation awarded to the plaintiff for loss of professional earnings which is only rs. 3,600/- per year. under the finance acts of 1960. 1961 and 1962, no income-tax was payable on a total income which did not exceed rs 3,000 in the case of an individual who had no ..... rash and negligent driving of the second defendant.it may also be stated in this context that the second defendant was prosecuted, and he was convicted for the offence under section 338 of the indian penal code for causing grievous hurt by rash and negligent driving. his conviction was also upheld in appeal: and ext. p-16 is a copy ..... logic in restricting the application of this article in the manner contended for by the warned counsel. section 1-a of the fatal accidents act, 1855 provides as follows:--'whenever the death of a person shall be caused by wrongful act, neglect or default and the act, neglect or default is such as would (if death had not ensued) have entitled the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker295
..... be so was fairly conceded by the learned counsel for the applicant. we may, in this context, note that section 10 of the act has been amended by section 69 of the finance act, 1965, by adding the following proviso to section 10:'provided further that a house or part thereof taken under any gift made to the spouse, son, daughter, ..... under these circumstances, the said property can be deemed to be property passing on the death of shri parameswaran pillai, depends on the application of section 10 of the act. this section reads as follows:'gifts whenever made where donor not entirely excluded--property taken under any gift, whenever made, shall be deemed to pass on the donor ..... 68,831/- fixed by the alsistant controller was reduced to rs. 50,000/-. being dissatisfied with the order of the central board, the applicant moved under section 64 of the act by an application dated 6th june, 1960 to refer the following questions of law said to arise out of the said order for decision by this court .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker124
..... been amended from time to time; and what applies to this case is item no. 2 in the schedule substituted by the finance act, 5 of 1964. this item reads as follows: (for item see next page) 2. the petitioner is a manufacturer of an ayurvedic preparation called 'proto-vine'. admittedly it contains self- ..... duties aforesaidshall be collected in such manner as may be prescribed. explanation.-- dutiable goods are said to be manufactured in bond within the meaning of this section if they are allowed to be manufactured without payment of any duty of excise leviable under any law for the time being in force in respect of alcohol, opium, indian ..... for the levy and collection of duties of excise on medicinal and toilet preparations containing alcohol, opium, indian hemp or other narcotic drug or narcotic. section 3 of the act contains the charging provision. it reads: '3. duties of excise to be levied and collected on certain goods.-- (1) there shall be levied duties of excise, at the rates specified .....
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