Court : Kerala
Reported in : AIR1963Ker31
..... as to whether the levy of land cess under the provisions of the madras district boards act, 1920, madras act 14 of 1920, as amended by the madras district boards (amendment) act, 1957, kerala act 4 of 1958, is valid and could be sustained.2. there are also, no doubt, some special points raised in some of these writ petitions; and i will ..... , as they stood originally as also the amendments that have been made to the said act, by virtue of kerala act 4 of 1958. original section 74-b and certain other sections occur in part iii, dealing with finances, and in particular in chapter vi, dealing with taxation. section 74-8 provided that in every district a land cess ..... being a tax on the annual rent value of lands shall be levied in accordance with the provisions contained in the said act. the other group of sections beginning from .....
Tag this Judgment!Court : Kerala
Reported in : (2002)172CTR(Ker)600; [2002]253ITR378(Ker)
..... counsel for the assessee referred to the note given below schedule xiv to the companies act and circular no. 2 of 1989, dated march 7, 1989 (see [1989] 65 comp cas 628), and contended that for calculating book profit under the companies act, the assessee is entitled to charge depreciation at rates different from the standard rates provided ..... prepared under sub-section (1a) as increased by the amounts referred to in clauses (a) to (ha) of the act. it may be noted that the words 'prepared under sub-section (1a)' were introduced by the finance act, 1989, with effect from april 1, 1989. certain deductions were also provided by the explanation. sub-section (1a) ..... b containing special provisions relating to certain companies was inserted in the income-tax act by the finance act, 1987, with effect from april 1, 1988. from the assessment year 1988-89, section 115j as introduced, replaced section 80vva of the income-tax act. section 115j provided that where the total income of a company as computed .....
Tag this Judgment!Court : Kerala
Reported in : (2003)183CTR(Ker)21; [2003]262ITR579(Ker)
..... by the finance act, 1985, which is relevant for the purpose of this case, reads as follows :'36. (2) in making any deduction for a bad debt or part thereof, the following provisions shall apply-- . . .(v) where such debt or part of debt relates to advances made by a bank to which clause (viia) of sub-section (1) applies, no such deduction ..... which is established to have become a bad debt in the previous year. this is subject to the fulfilment of the conditions specified in subsection (2) of section 36. however, as per the amendment made by the finance act, 1985, a proviso was added to clause (vii) as per which, in the case of a bank to which clause (viia) applies, ..... the debt with respect to which deduction is claimed, has become bad in the previous year, of course, subject to the four conditions specified in section 36(2) of the act. there was no complication at all. however, after the amendment to the provisions of clause (vii) by adding the proviso, and by adding clause (v) to section 36 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker131
..... the pattayams (title deeds) issued in respect of forest land on any day without obtaining due and proper approval of the central government under section 2 of the forest (conservation) act, 1980 have no sanctity in law and the same are per se illegal and void ab initio. 1(b) issue a writ of certiorari or any other ..... kerala land assignment (regularisation of occupants of forest lands prior to 1-1-1977) special rules 1993. the third respondent has no power to issue sanction or approval under section 2 of the said act without complying with the formalities prescribed in that behalf.8. the above allegations contained in the writ petition were answered/explained by ..... and as early as in the year 1958, this area has been transferred to the control of revenue department and therefore no clearance from the government of india under section 2 of the forest (conservation) act was required for the assignment of cardamon hill reserve land. however, out of concern of the state government to adhere to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker130
..... stage carriage, if the total distance permitted to be covered by such stage carriage in a day, does not exceed eighty kilometres'. and explanation 2 (ii) states that 'no tax shall be payable under this act on goods carried by any vehicle owned by any department of the central government or by the railways.' section 18 states that the particular class ..... may refer to the decision of the patna high court in atma ram budhia v. state of bihar, air 1952 pat 359 (sb) which dealt with the bihar finance act, (17 of 1950), particularly section 12 thereof, which imposed an identical tax on passengers and goods. it is useful to extract the section because we are unable ..... calculated only on the fares and freights payable on such passengers, luggage or goods for the distance on the road covered by the taxable vehicle; (ii) no tax shall be payable under this act on goods carried by any vehicle owned by any department of the central government or by the railways.' section 4 provides for the composition of .....
Tag this Judgment!Court : Kerala
Reported in : 1984(15)ELT7(Ker)
..... a commodity into a different commercial commodity by subjecting it to some processing, is consumption within the meaning of the explanation to article 286 no less than the final act of user when no distinct commodity is being brought into existence but what was brought into existence is being used up...we think it proper and reasonable to ..... sale of goods and it is justified by the wording of section 90 of the australian constitution act. (see also w. a. wynes, 'legislative, executive and judicial powers in australia', 5th edn,, pp 373 et. seq.)11. finally shirras in 'science of public finance', (vol. ii, 3rd edn., p. 654, quoted by jayakar, j. in air 1939 f. c. ..... section 3 does not fall upon finished goods, but upon raw material purchased by the petitioner to carry on his trade or profession, and such levy has no reference to production or manufacture. counsel further says that the petitioners are not producers or manufacturers of copra which is only a raw material from which finished goods .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT661
..... purpose of computation of the quantum of compounded tax, and the rate applicable primary crusher shall be fifty per cent of the rates mentioned in items (i), (ii) and (iii) above. through finance bill, 2009, copy of which is produced as ext.p7, the state government proposed amendments to section 8(b) reducing the rate of tax for compounding. as ..... and,. based on clarifications issued through the circular. but the proposal contained in the finance bill was never incorporated into the statute. hence the provisions contained in the finance act, through which amendment was brought in to section 8(b), there is absolutely no enhancement effected with respect to the rate of tax, in prejudice to the interest of the petitioner.6. ..... , pay tax at the following rates, namely:(i) for each crushing machine of size not exceeding 30.48 cm x 22.86 cm : rs. 50,000 per annum(ii) for the each crushing machine of size exceeding 30.48 cm x 22.86 cm but not exceeding 40.64 cm and 25.40 cm : 1,60,000 per annum .....
Tag this Judgment!Court : Kerala
Reported in : [1994]205ITR412(Ker)
..... in all the circumstances of the case, we are of the view that section 43b of the act, after the amendment by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989, and explanation 2 to the section which took effect from april 1, 1984, should be considered to give effect ..... amendments effected in the statute by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989. the amendments so introduced later in section 43b of the act have made great inroads. in particular, the finance act, 1989, has inserted explanation 2 with effect from april 1, 1984, and the said explanation is ..... applicable to the three cases on hand. the effect of these amendments, and, in particular, the change effected by the finance act of 1989, is virtually to supersede the earlier legal position. the appellate tribunal had no opportunity .....
Tag this Judgment!Court : Kerala
Reported in : [2009]181TAXMAN197(Ker)
..... the revenue against the order of the income-tax appellate tribunal is whether the 'finance charges' collected by respondent-companies under hire purchase agreements attract tax under the interest-tax act, 1974 as amended by finance (no. 2) act of 1991. according to the revenue, 'finance charges' collected by the respondents for vehicle financing is nothing but 'interest' at flat rate loaded along with loan amount and collected ..... in instalments and therefore, the same is assessable under the act. the case of the respondents on the other hand .....
Tag this Judgment!Court : Kerala
Reported in : (2005)196CTR(Ker)391; [2005]275ITR146(Ker); 2005(2)KLT140
..... of a foreign party under section 43 within two years from the date of the year of assessment. but authority of the income tax officer under the act before it was amended by the finance act of 1956, having already come to an end, the amending provision will not assist him to commence a proceeding even though at the date when he issued ..... case pertains to assessment years 1979-80 to 1984-85 for which also he filed returns on 3.1.1990. in these years, the petitioner had no other income than the interest from this amount.2. in m. jairam v. c.i.t. : [1979]117itr638(ker) , a division bench of this court held that the entire amount of interest has to be ..... section 147, at any time after the expiry of four years from the end of the relevant assessment year. (2).............xxx xxx xxx.'section 149 was also substituted with effect from 1.4.1989. under the new section, in case there is no original assessment, time limit mentioned in issuing notice is 10 years where the demand is more than rs. 50 .....
Tag this Judgment!