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Lukkose John Thoppil Vs. Commissioner of Income-tax

Court : Kerala

Reported in : (1999)157CTR(Ker)375; [2000]242ITR1(Ker)

..... under the scheme the assessee deposits the same within the time prescribed. because 90(in such event the revision is deemed to be withdrawn under section 4) of the finance (no. 2) act of 1998.'9. in the above view of the matter, i quash exhibits p-5, p-6 and p-7 and direct the respondent to consider and pass ..... a mandamus directing to dispose of exhibit p-3 declarations on the merits and in accordance with the provisions of the kar vivad samadhan scheme in chapter iv of the finance (no. 2) act of 1998.3. shri p. g. k. wariyar contended that the entire procedure adopted by the respondent was irregular and against the provisions of the scheme. according ..... 90,095, the petitioner in 0. p. no. 4347 of 1999 was levied interest of rs. 3,71,348. aggrieved by the levy of interest, the petitioners filed revisions under section 264 of the act before the respondent. copies of the revision petitions are produced in both these cases as exhibit p-2. thereafter, the petitioners filed before the respondent, .....

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

Court : Kerala

Reported in : [1993]201ITR494(Ker)

..... , dated may 16, 1986. subject : acquisition of immovable properties under chapter xx-a of income-tax act, 1961--guidelines--regarding. 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 of september, 1986. the bill also proposes ..... order of the tribunal, the revenue has filed the above m.f.a. no. 45 of 1982 on january 21, 1982, in this court. the said appeal is still pending. pending the appeal, chapter xx-c was introduced in the income-tax act by finance act of 1986 with effect fromoctober 1,1986. under section 269rr, chapter xx-a ..... will not apply in relation to transfer of any immovable property after september 30, 1986.2. when the appeal was heard by the division bench, reliance seems to have been placed on circular no. 455 dated may 16, 1986 (see : [1986]159itr105(cal) ) .....

N. T. John Vs. Commissioner of Income Tax and anr.

Court : Kerala

Reported in : (1997)137CTR(Ker)656

..... june, 1995, the date on which the finance act, 1995 came into force. in that view, it cannot be said that chapter xiv-b has retrospective operation. at the same time, the definition of block period contained in ..... in the present chapter is not a substituted procedure for assessment of search cases.4. normally a change in the law of procedure operates retrospectively. in this case there is no change of procedure, but a special procedure is provided. sec. 158ba will not apply in a case where a search is initiated under s. 132 before 30th day of ..... direction on 2nd respondent to issue notice under s. 158bc for the block period involved in the search and seizure.2. heard learned counsel for the petitioner and also the standing counsel sri n. r. k. nair for respondents 1 and 2.3. the crucial question involved in this writ petition is whether the search and seizure conducted on 23rd feb., .....

N.T. John Vs. Commissioner of Income-tax and anr.

Court : Kerala

Reported in : [1997]228ITR314(Ker)

..... , 1995, the date on which the finance act, 1995, came into force. in that view, it cannot be said that chapter xiv-b has retrospective operation. at the same time, the definition of 'block period ..... present chapter is not a substituted procedure for assessment of search cases. 5. normally, a change in the law of procedure operates retrospectively. in this case there is no change of procedure ; but a special procedure is provided. section 158ba will not apply in a case where a search is initiated under section 132 before june 30 ..... to the second respondent to issue notice under section 158bc for the block period involved in the search and seizure.2. heard learned counsel for the petitioner and also standing counsel, n.r.k. nair, for respondents nos. 1 and 2. 3. the crucial question involved in this writ petition is, whether the search and seizure conducted on february .....

Kerala State Industrial Development Corporation Ltd. Vs. Commissioner ...

Court : Kerala

Reported in : [1989]180ITR323(Ker)

..... taxes will not have the force of a circular issued by the central board of direct taxes under section 119 of the act and so cannot be said to be binding on the income-tax authorities. question no. 2 relates to the said aspect that was argued before the appellate tribunal. we are not in a position to adjudicate or ..... facts and in the circumstances of the case, the clarification/opinion given by the central board of direct taxes in their letter f.no. 204/35/73/ita-ii, dated 12th november, 1973, to the ministry of finance of the government of india that the deduction envisaged in section 36(1)(viii) is on the total income computed before making ..... ;' 3. the patna and madhya pradesh high courts have held that the statutory deduction under section 36(1)(viii) of the income-tax act, 1961, available to certain financial corporations providing long-term finance is to be calculated on the total income before deduction of the amount allowable under section 36(1)(viii). it has been held that the .....

Commissioner of Income-tax Vs. Appollo Tyres Ltd.

Court : Kerala

Reported in : [1999]237ITR706(Ker)

..... for the subsequent assessment years. later, the legislature has inserted a new provision, section 115ja by section 39 of the finance (no. 2) act, 1996 (33 of 1996), with effect from april 1, 1997. in the memorandum explaining the provisions in the finance (no. 2) bill, 1996, it is stated as follows (see [1996] 220 itr 263) :'in the recent times, ..... the number of zero tax companies and companies paying marginal tax has grown. studies have shown that in spite of the fact that companies have earned substantial book profits and have paid handsome dividends, no tax has ..... be segregated and must be treated as part of the same business.48. we have considered the matter. section 32ab inserted by the finance act, 1986, with effect from april 1, 1987, sub-sections (1), (2) and (3) thereof, relevant for the purpose of this case, read as follows :'32ab'. investment deposit account.--(1) subject to .....

State of Kerala Vs. N.G.Joseph

Court : Kerala

..... imposed on him by the court of enquiry commissioner and special judge, thrissur for offences under sections 13(1)(d) and 13(2) of the w.a.no.587/2010 2 prevention of corruption act, 1988, hereinafter referred to as the "pc act", on the said conviction being set aside by the appellate court, he would have to be reinstated in service with all ..... taking this view, the attention of the division bench was drawn up to the decision of another division bench dated 22.7.2010 in principal secretary (finance) and others v. v.c.jose [w.a.no.437/2010] where the bench took the view that in cases where a suspension was ordered prior to dismissal based on conviction by a court, ..... , pursuant to a representation made by the employee, he was reinstated in service on 5.12.2005 and he rejoined w.a.no.587/2010 4 the service with effect from 14.12.2005. the principal secretary, finance, thereafter regularised the period of absence of the employee from 8.12.1997 to 14.12.2005 as duty for all purposes except .....

Commissioner of Income-tax Vs. Nilgiri Tea Estate Ltd.

Court : Kerala

Reported in : [2009]312ITR161(Ker); [2009]183TAXMAN194(Ker)

..... we have considered the matter in detail and we proceed to express our views on the issue raised.5. no doubt, the bombay high court in the case of kotak mahindra finance ltd. : [2004]265itr119(bom) took the view that deemed income under section 115j of the act is current profit on which advance tax is payable under section 207 of the ..... of section 209 provides for estimation of current income and payment of income-tax at the rates in force for the financial year. it is specifically provided in section 210(2) that from the advance tax payable, the assessee is entitled to deduct any amount of tax deducted and paid at the time of receipt of any income. all these ..... is the profit arrived at after auditing and finalisation of accounts of the assessee-company including profit and loss account in terms of schedule vi, parts i and ii of the companies act, 1956. in fact, book profit for the purpose of assessment under section 115j has to be arrived at by making adjustments in the profit and loss account .....

Ouseph Mathew and Company Vs. Income-tax Officer and ors.

Court : Kerala

Reported in : [1999]240ITR668(Ker)

..... in the said order the settlement commission granted immunity from prosecution to the petitioner-firm and held that no penalty need be imposed under section 271(1)(c) of the income-tax act. the above facts are admitted by both the parties.2. the point that is now taken by the petitioner is that the return filed for the year ..... the provisions of that chapter and the settlement commission is not in any way bound by the other provisions of the act, in particular section 186 of the act. it is further submitted that the amendment by way of the finance act, 1987, was introduced with effect from june 1, 1987, only for the purpose of removing a doubt in this ..... the provisions of the act. of course, learned counsel for the petitioner places before this court the notes on clauses and submitted that there is nothing to indicate that the amendment was introduced only for the purpose of removal of doubts. it has to be pointed out, the deliberations before parliament while passing the finance bill has not .....

Dr.Somasekharan Unni P.K Vs. The Mahatma Gandhi University

Court : Kerala

..... institute of arts and commerce" an institution of higer studies established and maintained under self financing scheme under the direct control of the university as envisaged in chapter ii section 5 - xxii of the mgu act 1985.2. admission notifications for students and notifications for selection of teachers shall be issued before 25th ..... for affiliation of colleges to the university are not applicable to the colleges established, maintained or managed by the university. issue no.ii is answered accordingly.20. issue no.iii: whether before establishing constituent college under direct control of the university, the university was obliged to obtain prior approval of ..... /15 31 21. the constituent college, which has been created is a college under direct control of the university in self financing stream. self financing stream clearly indicates that no financial burden is expected to be borne by the state government. the prior approval of the government is contemplated only if creation .....