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Asramam Village Industrial Co-op. Society Ltd. Vs. Union of India (Uoi ...

Court : Kerala

Reported in : 1988(18)ECC69; 1988(17)LC691(Kerala); 1988(38)ELT14(Ker)

..... after the enactment of section 52 of the finance act, 1982, the superintendent of central excise issued notice ext. ..... the supreme court held in that context that section 51 of the finance act, 1982 was subject to the provisions of section 11a of the act, and that was sufficient to allay the apprehension of the assessed. ..... the petitioner's plea for bar of time was not accepted, for the reason that the demand had been raised as per section 52 of the finance act, 1982 under which it was stated, there could not be any limitation of time. ..... i am unable to accept the respondents' contention that section 52 of the finance act, 1982 overrides the provisions of section 11a of the act and does away with the period of time for levy and collection of the amounts which have become payable by the operation of that provision. ..... though the petitioner before me has also challenged the constitutional validity of section 52 of the finance act he did not persist in it, and was rest content with accept ing the correctness of the decision of the madras high court in the case of bharath match works.6. ..... the respondents contest this submission with the plea that section 52 of the finance act, 1982 enables them to review all cases of this nature and to make demand in all cases where the amount would have been payable if the section had been in force from june 19, 1980. ..... the contention of the revenue that section 52 of the finance act overrides section 11a was not accepted, the court observing :'51. .....

CochIn Potteries (P) Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1964Ker18

..... 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 petitioners are liable for excise duty, then the petitioner can have no answer to the demand made under ext. p ..... p-1, has to be considered after the passing of the finance act wherein the explanation to item 23-b has been incorporated it must be held that the petitioner's articles being glazed clay-ware are taken in by the expression 'chinaware' under item 23-b of the first schedule to the central excises and salt act, 1944 and as such they will be liable to ..... on the basis that the articles manufactured by the petitioner can be characterised as chinaware coming under the relevant items introduced by the finance act, 1961 in the tariff act and the central excises and salt act, by virtue of the explanation contained therein, the question arises as to whether under the relevant items as they stood in the finance bill, 10 of 1961, the petitioner's articles can be characterised as chinaware or porcelain ware. ..... section 3 gives power to the central government to make a declaration in a bill introduced in parliament relating to imposition or increase of duty or customs or excise, section 4deals with the effect of declarations under the act as well as duration thereof and is as follows :'4 .....

Jose Vs. Assistant Commissioner (Assessment)

Court : Kerala

Reported in : 2010(1)KLT816

..... the constitution, (iv) that in so far as the rate of tax in respect of declared goods in excess of the rate as provided under section 15 of the central sales tax act will be unconstitutional, we hold that the 9th proviso added to section 6(1)(f) being clarificatory in nature and in that context it will be effective from the date on which section 6(1)(f) was brought into force and thus save the provision from being ultra vires of the constitution and consequently we declare ..... made by the learned government pleader that the bills proposing to amend the various fiscal statutes were presented in the form of finance bill on 1.7.2006, wherein it was provided that the tax proposals contained therein will have effect from 1.7.2006 and though the act was enforced only on 24.10.2006 everyone knew that the revised proposals will have effect from 1.7.2006 in view of the specific ..... supreme court had occasion to consider as to whether availing of exemption scheme already involved prohibits collecting tax from the customers or that they had not collected the sales tax from customers by itself is a ground for holding that there is any unreasonable restriction or undue hardship caused ..... held as follows:the mere circumstances that the respondent-companies having availed of the exemption scheme were prohibited from collecting the tax from its customers or that they had not collected the sales tax from their customers (which assertion is strongly disputed by the appellants), is of no consequence .....

Commissioner of Income-tax Vs. Mathew M. Thomas and ors.

Court : Kerala

Reported in : [1993]201ITR494(Ker)

..... the provisions of chapter xx-c of the income-tax act introduced by the finance act of 1986, with effect from october 1, 1986, has been explained in another circular ..... xx-c was introduced in the income-tax act by finance act of 1986 with effect fromoctober 1,1986. ..... a division bench of this court, by order dated may 5, 1988 has referred a question whether administrative circulars issued by the central board of direct taxes under the income-tax act to supplement the statute or can supplant the same by deviating or detracting or going beyond or contrary to the statutory provisions, for consideration ..... view to achieve early finalisation of proceedings under the existing chapter xx-a of the income-tax act, 1961, the board has decided that with effect from april 1, 1986, acquisition proceedings under section 269c will not be initiated in respect of an immovable property for which the apparent consideration ..... the finance bill, 1986, has proposed that no proceedings shall be initiated under section 269c of the income-tax act, 1961, in respect of a property transferred after the 30th day ..... also decided that where the acquisition proceedings have been initiated by issue of notice under section 269d, the proceedings will be dropped if the apparent consideration for the immovable property is ..... to insert chapter xx-c providing for purchase by the central government of immovable properties in certain cases of transfer. ..... 1986 (see : [1986]159itr105(cal) ) issued by the central board of direct taxes. .....

Kerala State Insurance Department Vs. Union of India

Court : Kerala

Reported in : 2012(2)KLT941; 2012(2)KHC683

..... pursuant to the application preferred by similarly situated state government departments like insurance department of the state of rajasthan, 'exemption' has been granted by the central government and notified in the gazette, in exercise of the power under section 93 of the finance act and unless and until such exemption is sought for and obtained, the petitioner is liable to meet the requirements towards tax liability. ..... it is stated that, by virtue of the definition of the term 'taxable service' under sec.65 (105)(d) of the finance act,1994 and so also the term 'service tax' under section 65(95) of the finance act, it was a continuation of the pre-existing scheme and that the state is not doing any 'service' or 'business', but ..... specific circumstances and how the exemption could be availed, have been provided under section 93 of the finance act, 1994 and since there is no case for the petitioner that any such exemption has been obtained under section 93 of the finance act, 1994, the exemption/exclusion under the lic act or under the general insurance business (nationalisation)act, 1972, cannot be of any help to the petitioner. ..... . in the above circumstance, the first respondent/union of india is directed to consider ext.p11 under section 93 of the finance act, 1994, particularly in the light of similar exemptions stated as given to other similarly situated government departments like the state of rajasthan and pass appropriate orders in accordance with law, as expeditiously as .....

Commissioner of Income-tax Vs. Vijaya Retreaders

Court : Kerala

Reported in : [2002]253ITR53(Ker)

..... [1991]191itr656(sc) , where the supreme court held that the appellant-company running a cold storage was not an industrial company for the purpose of section 2(7)(c) of the finance act, 1973. ..... the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel, or the business of repairs to ocean-going vessels or other powered craft, to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction from such profits and gains of an amount equal to twenty per cent, thereof ; . . . ..... case the question that came up for consideration was whether the assessee was entitled to a concessional rate of tax provided to an industrial company by the finance act, 1968. ..... the commissioner of income-tax acting under section 263 of the act was of the view that the assessee was engaged only in a manufacturing process which is not equal to the manufacturing of a new tyre and hence the deduction granted under section 80-i was erroneous and prejudicial to the interests of ..... as follows (page 423): 'the words 'manufacture' and 'production' have received extensive judicial attention both under this act as well as the central excises act and the various sales tax laws. ..... therefore, the assessee was an industrial company as defined in section 2(6)(d) entitled to the concessional rate of tax as applicable to an industrial .....

V.K. Prasad and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : [2004]271ITR178(Ker)

..... that insertion of sub-clause (vi) in section 17(2) by the finance act, 2001, is not violative of any provisions of the constitution or the parent act, since only the valuation of other fringe benefits has been left to be detailed by the subordinate legislation, there is no abdication of essential legislative function and neither sub-clause (vi) of section 17(2) nor the amended rule 3 suffers ..... of direct taxes it was submitted that they are considering this aspect and it was held that the central board of direct taxes can be moved by filing appropriate representations in this regard as they are empowered to issue circulars under section 295 of the income-tax act and finally the central board of direct taxes was directed to consider a lower rate of interest in valuing fringe benefits in tune with market rates ..... be held to be similarly situated and what is provided in the rules is only prescriptions of rate of rent free accommodations to some state government and central government employees in terms of article 309 of the constitution of india and the service conditions are governed by the said rules framed by the president of india ..... 3 of the rules providing for various types of 'fringe benefits' or 'amenities' is arbitrary and unreasonable and discriminatory and violative of article 14 of the constitution of india, in so far as there is discrimination between the central or state government employees on the one hand and public sector and private sector employees on the other. .....

Federal Bank Officers Association Vs. Union of India

Court : Kerala

Reported in : [2004]140TAXMAN173(Ker)

..... income of previous year 2001-02 as per substantive law prevailing on 1-4-2002, by, applying existing machinery provision finally, it was concluded that insertion of sub-clause (vi) in section 17(2) by the finance act, 2001 is not violative of any provisions of the constitution or the parent act, since only valuation of other fringe benefits has been left to be detailed by the subordinate legislation, there is no abdication of essential legislative function and neither sub-clause ..... india (2004) 265 itr 841 on behalf of the central board of taxes it was submitted that they are considering this aspect and it was held that the central board of taxes can be moved by filing appropriate representations in this regard as they are empowered to issue circulars under section 295 of the income tax act and finally the central board of direct taxes was directed to consider lower rate ..... be similarly situated and what is provided in the rules is only prescriptions of rate of rent free accommodations to some state government and central government employees in terms of article 309 of the constitution of india and the service conditions are governed by the said rules framed by the ..... for various types of fringe benefits or amenities is arbitrary and unreasonable and discriminatory and violative of article 14 of the constitution of india, insofar as there is discrimination between the central or state government employees on the one hand and public sector and private sector employees on the other. .....

Kerala Financial Corporation Vs. Commissioner of Income Tax

Court : Kerala

Reported in : (2003)182CTR(Ker)502; [2003]261ITR708(Ker)

..... of such a requirement by the assessee and in view of the fact that such a requirement was made expressly clear by an amendment brought about by the finance act, 1997, we have no hesitation to hold that such a requirement made explicitly clear both by amendment to section 36(1)(viii) as well as by insertion of sub-section (4a) of section 41 of the it act, that any retrospective effect cannot be presumed to be a condition for granting the benefit as per the provisions which stood prior to the amendment in question. ..... an explanation was added by the finance act, 1966, by which it was declared that the deduction referred to under section 33 could not be denied by reason only that the amount debited to the p&l; a/c of the relevant previous year and credited to the aforesaid reserve account exceeded the amount of the profit ..... the business of providing long-term finance for construction or purchase of houses in india for residential purposes, an amount not exceeding forty per cent of the total income computed before making any deduction under this clause and chapter vi-a carried to such reserve account : provided that the corporation or, as the case may be, the company is for the time being approved by the central government for the purpose of ..... the deduction is admissible provided that the corporation or the company is approved by the central government for this clause and the aggregate of the amounts carried over to the special reserve from time to time does not exceed twice the amount .....

State of Kerala Vs. Muslim Educational Society

Court : Kerala

..... is affiliated; (d) the dental college has the full complement of staff, equipments and other infrastructure facilities prescribed for under-graduate training programme and also fulfils additional requirements in respect of funds or allocation of finances, staff and other infrastructure facilities as per the norms prescribed by the council and approved by the central government under section 20 of the act in the m.d.s.regulations, 1983 and p.g.diploma regulations, 1983, as amended from time to time. ..... institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of dental w.a.nos.1574 & 1711 of 2014 27 education in conformity with the requirements referred to in section 16-a and the regulations made under sub- section (1) of section 20; (b) whether the person seeking to establish an authority or institution or the existing authority or institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate resources; (c) whether ..... subsequently the university issued the affiliation certificate on 01/11/2012 which was after the deadline for application for the ..... state of chhattisgarh [(2012) 7 scc433 wherein the supreme court held that strict adherence to the prescribed deadlines are to be followed, supreme court made a deviation from the said stand by indicating that since the appellant ..... in which the university did not issue the affiliation certificate before 31/08/2012. .....