Court : Kerala
Reported in : [1964]51ITR322(Ker)
..... kinds of business transactions and the profits and the loss fall under the same head, namely, business.it is clear, therefore, on the language of the proviso itself and on the scheme of the act, that the legislature in enacting the so called proviso was enacting a substantive provision dealing with the mode of computing the profits and gains chargeable under the head profits and gains of business, profession ..... 5a (7), is the decision which is in consonance with the opinion of the majority of the members of the tribunal who have heard the case, including those who first heard it.section 24 (1) of the indian income-tax act, 1922, provides that where any assessee sustains a loss of profits or gains in any year under any of the heads mentioned in section 6, he shall be entitled to have the amount of the loss set off against ..... the head-note embodies a clear summary of the decision :'even though the main portion of sub-section (1) of section 24 of the indian income-tax act, 1922, provides only for cases where an assessee sustaining a loss under one of the head of income mentioned in section 6, claims to have it set off against his income, profits or gains ..... , delivering the judgment of the court, said :'it is clear, therefore, on the language of the proviso itself and on the scheme of the act, that the legislature in enacting the so called proviso was enacting a substantive provision dealing with the mode of computing the profits and gains chargeable under the head profits and gains .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker343
..... performance of any act by such trustee, manager, superintendent or member of a committee, and may decree damages and costs against such trustee, manager, superintendent or member of a committee, and may also direct the removal of such trustee, manager, superintendent or member ..... , without joining as plaintiff any of the other persons interested therein, sue before the civil court the trustee, manager or superintendent of such mosque, temple or religious establishment or the member of any committee appointed under this act, for any misfeasance, breach of trust or neglect of duty, committed by such trustee, manager, superintendent or member of such committee, in respect of the trusts vested in, or confided to them respectively; and the civil court may direct the specific ..... ' obviously the learned single judge was right when he said with reference to what is expressly stated by the section that 'it should be clear therefrom that the necessity to obtain the leave referred to in the religious endowments act, 1863, and the consent referred to in section 92 of the code of civil procedure, 1908 are dispensed with only in the case of suits 'instituted by the board' and not in the case of suits 'instituted by any person or authority .....
Tag this Judgment!Court : Kerala
Reported in : [1962]13STC1022(Ker)
..... 148 common intention within the meaning of section 34 implies a pre-arranged plan, and to convict the accused of an offence applying the section, it should be proved that the criminal act was done in concert pursuant to the pre-arranged plan and that the inference of common intention should never be reached unless it is a necessary inference deducible from the circumstances of the ..... the form in question contained a declaration that the goods bought are for the purpose of resale and under the bombay sales tax act no tax is payable on sale of goods to a dealer who holds a licence and furnishes a certificate in form 'k' to the selling dealer to the effect that the goods are for ..... the learned advocate-general, on the other hand, argues that the officers were acting under section 17(2) and the power to take possession of the books even against the wishes of the shop keeper must be read into the power to inspect the books granted to them by section ..... learned advocate-general argued that even without knowing the contents of these books it is open to the court to hold that they were valuable security because under the sales tax act account books provide a dealer with a right to establish the correctness of his return. ..... have already negatived the defence contention that the officers were acting illegally in entering the shop and inspecting the books. ..... the next point to be considered is whether the officers were acting within their powers in taking possession of the books and scrutinising .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker68; 1963CriLJ180
..... ind app 148: (air 1945 pc 118)--, commonintention within the meaning of section 34 implies a pre-arranged plan, and to convict the accused of an offence applying the section it should be proved that the criminal act was done in concert pursuant to the pre-arranged plan and that the inference of common intention should never be reached unless it is a necessary inference deducible from the circumstances of the case. ..... the form in question contained a declaration, that the goods bought are for the purpose of resale and under the bombay sales tax act no tax is payable on sale of goods to a dealer who holds a licence and furnishes a certificate in form 'k' to the selling dealer to the effect that the goods are ..... the learned advocate general on the other hand argues that the officers were acting under section 17(2) and the power to take possession of the books every against the wishes of the shop-keeper must be read into the power to inspect the books granted to them by ..... advocate general argued that even without knowing the contents of these books it is open to the court to hold that they were valuable security because under the sales tax act account books provide a dealer with a right to establish the correctness of his return. ..... already negatived the defence contention that the officers were acting illegally in entering the shop and inspecting the books. ..... next point to be considered is whether the officers were acting within their powers in taking possession of the books and scrutinising .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker188
..... proviso, though, no doubt, it is an exception, anything which limits or abrogates the full scope and effect of the first paragraph of section 273 which enacts that a grant (necessarily by a court on which jurisdiction has been conferred by the act) will be effective in regard to all the properties and estate, movable or immovable, of the deceased throughout the state it the contention of counsel for the petitioner is accepted, we will have to hold that even when all the ..... the contention that was urged before the court below was that in view of the proviso to section 273 of the indian succession act, xxxix of 1925, (hereinafter referred to as the act), the district court was incompetent to issue a probate in this case that will be effective throughout india, and, therefore, had no jurisdiction-to entertain the application. ..... the question to be decided is whether there is by implication -- it is not contended, nor do we see any express provision in the act, prohibiting the district court from exercising its jurisdiction under the section in cases of this type -- an exclusion of the jurisdiction or the district court to grant a probate when the probate cannot be effective in regard to the properties ..... certain other provisions of the statute also, we think, make it clear that the act contemplates the issue of a limited probate or letters of administration effective in regard to some only of the properties and the estate of the deceased. .....
Tag this Judgment!Court : Kerala
Reported in : [1963]50ITR211(Ker)
..... and for the subsequent years, the tribunal acting on an application under section 66(1) of the indian income-tax act has formulated the following question : 'whether, on the facts and in the circumstances of the case, the expenses of rs. ..... ], held that the expenses for registering a trade-mark are allowable under the same section of the indian income-tax act. ..... ], it has been held that similar expenses for opening a new branch are allowable as revenue expenditure falling under section 10(2)(xv) of the income-tax act. ..... 3,337.49 incurred in connection with the kuries are admissible deductions under the provisions of the income-tax act ? ..... 4,493-11-9 incurred in connection with the kuries are admissible deductions under the income-tax act ? .....
Tag this Judgment!Court : Kerala
Reported in : [1963]49ITR927(Ker)
..... 45,698 is assessable to tax under the second proviso to section 10(2) (vii) of the indian income-tax act, 1922.sub-section (2) of section 10 provides that the profits or gains of a business, profession or vocation should be computed after making the allowances specified therein. ..... the question for determination is whether it is in that strict and legal sense that the word 'sale' is employed in the second proviso to section 10(2) (vii) of the act.the identical question came up for consideration before the high court of bombay in rogers & co. v. ..... a copy of this judgment under the seal of the high court and the signature of the registrar will be forwarded to the appellate tribunal as required by sub-section (5) of section 66 of the indian income-tax act, 1922.reference answered in the negative. ..... this is a reference by the income-tax appellate tribunal, madras bench, under section 66(1) of the indian income-tax act, 1922. ..... 45,698 is assessable to tax under the provisions of the second proviso to section 10(2) (vii) of the income-tax act ? .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker144
..... the kanom could be ignored and there was no need to have it set aside; and the courts below rightly repelled the attempt of the 2nd defendant to bring the suit within article 91 of the limitation act, an attempt which has not been repeated before me, and rightly held that the suit was in time having been brought within 12 years of the date on which possession passed, whether it is article 142 ..... interest, and terms such as 'joint family' or 'tarwad' or 'illom' are but compendious expressions designed to denote all the individuals composing the body -- see the definition of 'illom' in section 2 (2) of the malayala brahmin act as meaning and including all the members of a malayala brahmin joint family with community of property and the similar dafinitions of 'tarwad' in the travancore nayar ..... (28th november 1944) one raman namboodiri, the karnavan of a namboodiri joint family illom as it is called governed by the travancore malayala brahmin act, iii of 1106 (which has been inaccurately referred to by the courts below as the namboodiri act) granted the suit property, a piece of illom land, 47 cents in extent, (and worth, according to the evidence of the 1st ..... even if it be that a joint family is a legal person, it seems to me that when by the act that effects its dissolution, namely, the partition, a particular property hitherto owned by the entire, joint family devolves on a particular individual or branch, the right to institute a suit in respect of that property devolves with .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker135
..... person, having bought or agreed to buy goods, obtains, with the consent of the seller, possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien to other right of the original seller ..... fact that the mills could have passed a title to the goods to a bona fide purchaser for value under section 30(2) of the sale of goods act, will not make any difference in the conclusion that the mills were constructive trustees of the money obtained by sale and the pledge of the goods.14. ..... the 2nd respondent is concerned it was bona fide transferee for value and that under section 30(2) of the sale of goods act it had obtained an indefeasible title to the property although the mills themselves had no title to the property. ..... the contract under which the goods were sold to them and therefore when they converted the goods, they were answerable for all the consequences reasonably flowing from their act with notice of the subsisting contract under which the goods were sold. ..... be less favourably situated in a court of equity, in respect to his remedy to recover it, or the property into which it had been converted, than one who, by an abuse of trust, has been injured by the wrongful act of a trustee to whom the possession of trust property has been confided. .....
Tag this Judgment!Court : Kerala
Reported in : [1964]53ITR601(Ker)
..... 'the assessment in each year is a separate proceeding under the indian income-tax act, 1922, and the view adopted by the department in any particular year cannot possibly bind it in respect of a year subsequent thereto. ..... a copy of this judgment under the seal of the high court and the signature of the registrar will be forwarded to the appellate tribunal as required by sub-section (5) of section 66 of the indian income-tax act, 1922.questions nos. ..... - this is a reference by the income-tax appellate tribunal, madras bench, under section 66(2) of the indian income-tax act, 1922. ..... is a benami transaction does not involve the application of any principles of law to the facts established in the evidence, and is a pure question of fact which cannot be made the subject of reference under section 66 of the income-tax act. .....
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