Court : Kerala
Reported in : [1994]79CompCas213(Ker)
..... ), (4) if the directors refuse to distribute compensation money obtained on nationalisation of the company--hindusthan co-operative insurance society ltd., in re [1961] 31 comp cas 193 (cal), (5) the company undertaking businesses other than those mentioned in the objects clause without calling a general meeting or passing a resolution-- hindusthan co-operative insurance society ltd., in re [1961] 31 comp cas 193 (cal ..... be conducted. the companies act requires certain acts to be done even by a company which has no business or commercial activity to run. these include filing of annual returns, holding annual general meetings, filing reports, preparation and filing of balance-sheet and profit and loss account, appointment of auditors and so on. these are part of the things to be done .....
Tag this Judgment!Court : Kerala
Reported in : [1987]64STC160(Ker)
..... ) of the act. section 2(xxi) defines the expression 'sale' to mean every transfer'of the property in goods by one person to another in the course of trade or business for cash or for deferred payment or other valuable consideration, but does not include a mortgage, hypothecation, charge or pledge. clause (a) of explanation (4) reads :the sale ..... 7-a itself is a charging section. it creates a liability against a dealer on his purchase turnover with regard to goods, the sale or purchase of which though generally liable to tax under the act have not, due to the circumstances of particular sales, suffered tax under section 3, 4 or 5 and which after the purchase, ..... shri t. karunakaran nambiar is against the finding of the tribunal that the purchase turnover of petroleum products is not exigible to tax under section 5a. of the kerala general sales tax act, 1963, for short the act.2. the original assessment orders for the assessment years 1970-71 and 1971-72 brought to tax the purchase turnover of .....
Tag this Judgment!Court : Kerala
Reported in : [1979]43STC233(Ker)
..... is effected by assessment proceedings. 'sale' is defined in section 2(n) as :'every transfer of the property in goods by one person to another in the course of business for cash or for deferred payment or other valuable consideration, but does not include a mortgage, hypothecation, charge or pledge.'section 3(2), which is the main charging provision, ..... v. m.k. kandaswami [1975] 36 s.t.c. 191 (s.c.), construing the provisions of section 7-a read with section 17(1) of the tamil nadu general sales tax act, almost similarly, if not identically, worded, the supreme court also came to the conclusion that the effect of a provision for exemption coupled with the provision making ..... dated 30th november, 1972 (s.r.o. no. 658/72), has been issued, which is as follows:in exercise of the powers conferred by section 10 of the kerala general sales tax act, 1963 (15 of 1963), the government of kerala, having considered it necessary in the public interest so to do, hereby make an exemption in respect of .....
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT145; [2004]137STC570(Ker)
..... merit in these revision petitions and they have to be dismissed.6. the following facts are not in dispute. the petitioner is a state government undertaking, carrying on the business in the sale of livestock and meat. during the assessment years in question the petitioner had purchased goat, sheep, pig, etc., from various dealers and other persons. the ..... 394 by saying that the said decision was rendered in the peculiar circumstances of that case and therefore it cannot be treated as laying down any legal principles for general application.10. since the counsel for the petitioner had submitted that the facts of the present case will fit in with the facts of the decision of the ..... in page no. 9 of annexure d6(2) states that four numbers of pigs with a total live body weight of 560 kgs., which satisfy the health and general condition under the factory requirement have been received on october 12, 1983 and their weight as per the invoice has been recorded in page no. 260 of the purchase .....
Tag this Judgment!Court : Kerala
Reported in : [1978]41STC1(Ker)
..... or 'citation' and not words of 'incorporation'. he placed the strongest reliance on the decision of the privy council in secretary of state v. hindustan co-operative insurance society ltd. a.i.r. 1931 p.c. 149 at 151-152. one of the questions there considered was whether a further appeal lay to the judicial ..... 'citation', the referred or cited provision grows and shrinks with the changes in the parent statute. even in the case of an incorporated definition, while the general principle is that the incorporated definition remains static and is unaffected by the developments or fluctuations of the parental source from which it was incorporated, two of the ..... the 1947 act. stress was laid on the principle noticed by the privy council that while incorporation of the provisions of one act into another will not generally attract subsequent amendments or modifications carried out to the incorporated statute, there was an exception that this principle will not apply where the subsequent act is .....
Tag this Judgment!Court : Kerala
Reported in : 1988CriLJ1217
..... from mali after payment of duty, some items were purchased for sale and the remaining items were goods used in the house. the goods were stored in the business premises of accused 1 and 2 and in the house where accused 1 and 2 are residing and from the statements exts. p-3 and p-5 it is ..... regulations or orders issued in exercise of the powers delegated are law. as indicated above, a modern state undertakes enormous activities including social welfare measures in the interest of general public. this gives rise to ever increasing need for delegation of functions of legislature to the executive. as compared to statutes, the volume of delegated legislation both in england ..... n. balsara air 1951 sc 318 : 1951-52 cri lj 1361. the court made the following observation:25...section 139 of the act authorises the provincial govt. by general or special order, to exempt any intoxicants or class of intoxicants from all or any of the provisions of the act. an order made by the provincial government in .....
Tag this Judgment!Court : Kerala
Reported in : (2006)200CTR(Ker)662; [2006]284ITR69(Ker); 2006(2)KLT792
..... , temple, etc. insurance coverage was also taken for all the houses against fire and personal accident for the entire villagers for a period of ten years. assessee's case is that assessee has made the contribution of rs. 26,94,000 for promotion of its business by generating goodwill among the general public which helped them ..... cause was laudable. public contributed an amount of rs. 2,39,49,000. major portion of the contribution evidently was from the general public. general public had contributed not with any business motive but purely for charity and to achieve the object of the trust, that is to grant relief and aid to persons affected ..... by the assessee and the purpose for which it was spent, the purpose was not business promotion, but charitable and philanthropic. construction of houses for the victims who have suffered massive earthquake, construction of panchayat hall, library, temple, providing insurance coverage to all the houses, etc. are the works undertaken by the trust and not .....
Tag this Judgment!Court : Kerala
Reported in : (2007)10VST195(Ker)
..... produced would not show that there was diversion or transfer of property in goods in favour of csd. instead sales are seen effected to various individuals. further insurance documents, financing documents are also not raised in favour of csd but in favour of individual purchasers. no transfer of property as defined under the sale of goods ..... and filed an incorrect return with an intention to evade payment of tax on the due date which is an offence punishable under section 45a of the kerala general sales tax act, 1963 and therefore learned single judge is not justified in interfering with the order imposing penalty.7. before we examine the rival contentions, we ..... name of the canteen. explanation given by the assessees was not satisfactory to the authorities. hence the assessing authority issued notice under section 45a of the kerala general sales tax act, 1963 to show cause why penalty be not imposed for filing untrue and incorrect return so as to evade payment of tax. the assessees .....
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker83; 1950CriLJ1536
..... , secretary, has been sent out of the secretariat and the entire land policy has been taken over by the minister sri markose the same land was also nationalised. the other portion in this long editorial refers to the policy adopted by another minister sri t. m, varghese. it points out that the policy adopted ..... wil bosomed satisfactory and established, only if justice, equali y and equal opportunities are mads available to one and all, irrespective ol patrv considerations. the educated mass generally gauge a ministry by their attitude in the matter of appointments. but, it is seen that in thia affair the prinolples of equality and 'affording equal opportunities ..... case upon the provisions of the relevant statute under which the ministries ate constituted and not upon any innate defect in the legal constitution of ministries in general.20. a government in connection with the offence of sedition denotes the person or persons authorised by law to administer executive government in the state. .....
Tag this Judgment!Court : Kerala
Reported in : (1995)123CTR(Ker)233; [1995]212ITR456(Ker)
..... . whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee-trust was carrying on business, that the business was not being carried on in the course of carrying out the primary objects of the trust, that section 15(1)(bb) of the income ..... thereunder. another similar case of a society running an educational institution and the society being thereby treated as an educational institution is cit v. academy of general education : [1984]150itr135(kar) . the assessee-academy was running many educational institutions and controlled and aided many others. it derived income from securities, ..... addl. cit v. aditanar educational institution : [1979]118itr235(mad) , where the donation received by the trust was held to be exempt ; cit v. academy of general education : [1984]150itr135(kar) , where the income sought to be exempted included income from securities, properties and from other sources like dividends, interest, registration fee, donations .....
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