Court : Kerala
Reported in : [1967]64ITR474(Ker)
..... a copy of this judgment under the seal of the high court and the signature of the registrar will be sent to the appellate tribunal as required by sub-section (5) of section 66 of the indian income-tax act, 1922.questions answered against the assessee. ..... in that case the allahabad high court said :'apart from any special agreement the karta of a joint hindu family is bound by reason of his being the karta to manage the business of the family without being entitled to any remuneration. ..... - this is a reference by the income-tax appellate tribunal, madras bench, under section 66 (2) of the indian income-tax act, 1922. .....
Tag this Judgment!Court : Kerala
Reported in : [1969]73ITR356(Ker)
..... in the circumstances of this case, we make no order as to costs.a copy of this judgment under the seal of the high court and the signature of the registrar will be sent to the appellate tribunal as required by section 66(5) of the act.question answered in the negative. ..... - this is a reference made by the income-tax appellate tribunal, madras bench, under section 66(2) of the indian income-tax act, 1922 (hereinafter referred to as the act), in compliance with the direction of this court in o. p. no. ..... the question referred is :'whether, on the facts and circumstances of the case, the income-tax appellate tribunal was correct in holding that no capital gains taxable under the indian income-tax act, 1922, arose to the assessee ? ..... 15,887 under section 10(2) (vii) of the act and a capital gain of rs. ..... moothadath and sons falls within the ambit of section 12b of the act. ..... before the appellate assistant commissioner that the transaction did not involve any sale and that it was only a surrender of the business in settlement of his debts and it did not attract section 12b of the act. ..... 60,520 to arrive at the capital gain taxable under section 12b of the act. .....
Tag this Judgment!Court : Kerala
Reported in : (1988)68CTR(Ker)68; [1988]169ITR805(Ker)
..... a copy of the judgment under the seal of the high court and the signature of the registrar shall be forwarded to the income-tax ..... the contention on behalf of the assessee is that because no partition has been recorded as required under section 171 of the income-tax act in respect of the hindu undivided family which had been hitherto assessed as hindu undivided family, the share income is properly assessable only in the name of the hindu undivided family and not in ..... all members of a hindu undivided family governed by the mitakshara law holding any coparcenary property on the day the act came into force are thereafter deemed to hold it as tenants-in-common as if a partition had taken place among all the members of that hindu undivided family as respects such property and as if each one of ..... the appellate assistant commissioner held that in view of the kerala joint hindu family system (abolition) act, 1975, which came into force with effect from december 1, 1976, there was a deemed partition of the hindu undivided family and, consequently, the share of the assessee in the income ..... the income-tax appellate tribunal, cochin bench, has, under section 256(1) of the income-tax act, 1961, referred the following question for our opinion :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the hindu ..... ceased to exist by operation of law, the question of recording a partition as envisaged under section 171 of the income-tax act does not arise. .....
Tag this Judgment!Court : Kerala
Reported in : (1988)68CTR(Ker)169; [1988]169ITR813(Ker)
..... a copy of the judgment under the seal of the high court and the signature of the registrar shall be forwarded to the income-tax appellate tribunal, cochin bench. ..... in the joint family revived its ancestral character on the assessee getting married and a joint family must be deemed to have come into existence on such marriage and in the absence of any specific provision in the kerala act repugnant to this rule of the hindu law, the general law is to prevail and the assessment could have been made only in the status of a hindu undivided family. ..... the income-tax officer rejected the claim and held that in view of the kerala hindu joint family system (abolition) act, 1975, which came into force on december 1, 1976, the assessee cannot claim the status of a hindu undivided family. ..... that rule cannot apply after the extinction of the hindu undivided family itself by the act, when the joint family has been wiped off, the joint family character has been effaced and the absolute right of the individual members had been declared under the statute.4. ..... the appellate tribunal held that in view of the abolition of the hindu joint family system by the kerala act, no hindu undivided family consisting of the assessee and his wife came into existence. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker65
..... 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 (6) of section 60 of the agricultural income-tax act, 1950. ..... hayes, air 1946 pat 361, a section similar to section 8 (2) of the agricultural income-tax act, 1950--section 11 of the bihar agricultural income-tax act, 1938--came up for consideration. ..... section 8(2) of the agricultural income-tax act, 1950, reads as follows:'(a) save as provided in sub-section (1), if a person holds land from which agricultural income is derived partly for his own benefit and partly for the benefit of others or wholly for the benefit of others, ..... in the light of what ia stated above we must hold that section 8 (2) of the agricultural income-tax act, 1956, is not attracted and that both the questions referred have to be answered in the negative and against the department. ..... the bihar section also embodied an explanation of the expression 'beneficiary' in terms identical with the explanation in section 8 (2) of the agricultural income-tax act, 1950.10. ..... this is a reference by the kerala agricultural income-tax appellate tribunal, trivandrum, under section 60 (1) of the agricultural income-tax act, 1950. ..... whether on the facts and circumstances of the case section 8 (2) of the agricultural income-tax act is applicable to the assessment of the agricultural income-tax on the agricultural income derived from the land of each of the minor children.2. .....
Tag this Judgment!Court : Kerala
Reported in : [1965]58ITR618(Ker)
..... 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. ..... it is common ground that the rebate granted by the appellate tribunal under section 10(2) (vi-b) of the indian income-tax act, 1922, is justified, provided the assets concerned were 'wholly used for the purposes of the business carried on by ..... upheld by the appellate tribunal and the question mentioned above was referred) to this court in pursuance of an application by the commissioner of income-tax, kerala, ernahulam.3. ..... and exclusively' and uses that expression when necessary is clear from another clause of the same sub-section, clause (xv) of section 10(2) which was in force when section 10(2)(vi-b) was inserted by the finance act of 1955. ..... be considered as an income from business, the user of the assets concerned in the earning of that agricultural income also, will negative the claim for rebate under section 10(2) (vi-b) of the indian income-tax act, 1922. ..... in the taxable territories shall be computed as if it were income derived from business, and 40 per cent, of such income be deemed to be income, profits and gains liable to tax' under the indian income-tax act, 1922. ..... :'whether, when assets are commonly used for the-production of both tea and coffee, the assessee is entitle to proportionate development rebate under section 10 (2 (vi-b) of the indian income-tax act, 1922?'2. .....
Tag this Judgment!Court : Kerala
Reported in : [1964]51ITR129(Ker)
..... no costs.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 (6) of section 60 of the agricultural income-tax act, 1950. ..... this is a reference under section 60 (1) of the agricultural income-tax act, 1950, by the kerala agricultural income-tax appellate tribunal, trivandrum. ..... the sale proceeds of such trees cannot possibly amount to a revenue and we must answer the first question referred in the negative and against the department.the kerala surcharge on taxes act, 1957, came into force after the expiry of the accounting period, but before the expiry of the assessment year. ..... they are;'(i) whether the amount realised by the sale of gravelia firewood is a revenue receipt liable to tax under the kerala agricultural income-tax act (ii) whether any surcharge can be levied on the agricultural income-tax payable for the assessment year 1957-58 ? ..... the contention of counsel for the assessee is the fact that the act came into force only after the expiry of the accounting period precludes its application to the case before us.it is true that the subject of the charge is the income of the previous year. ..... but, as pointed out by the supreme court in commissioner of income-tax v. ..... the accounting period with which we are concerned is the year ended december 31, 1956, and the assessment year is the financial year 1957-58.two question have been referred to this court for decision. .....
Tag this Judgment!Court : Kerala
Reported in : [1965]55ITR146(Ker)
..... . we do so, but without any order as to costs.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 (6) of section 26 of the gift-tax act, 1958.question answered in the affirmative ..... the judgment of the court was delivered bym. s. ..... . according to section 6 of the gift-tax act, 1958, the value of any property other than cash transferred by way of gift shall be estimated to be the price which in the opinion of the gift-tax officer it would fetch if sold in the open market on the date on ..... - this is a reference under section 26(1) of the gift-tax act, 1958. .....
Tag this Judgment!Court : Kerala
Reported in : [1965]55ITR409(Ker)
..... 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 answered in the affirmative. ..... the judgment of the court was delivered bym. s. ..... sub-section (1) of section 10 of the act provides that the tax shall be payable by an assessee under the head 'profits and gains of business profession or vocation' in respect of the profits or gains of any business, profession or vocation carried on by him and sub-section (6) that :'a ..... the bye-laws of the association (annexure 'b' to the statement of the case) that the 'laga' of the assessee is not a collection in that sense, and that it should be brought to tax under section 10(6) of the indian income-tax act, 1922.3. ..... the question referred is :'whether the 'laga' collected by the association as per bye-law 207 had been rightly brought to tax under the provisions of the income-tax act, 1922 ? ..... - this is a reference by the income-tax appellate tribunal, madras bench, under section 66(1) of the indian income-tax act, 1922. .....
Tag this Judgment!Court : Kerala
Reported in : [1965]58ITR429(Ker)
..... we do so, but without any order as to costs.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.question answered in the affirmative. ..... the judgment of the court was delivered bym. s. ..... 'the expression 'share' is defined in section 2(46) of the companies act, 1956. ..... 'the question has to be resolved in the light of explanation i to section 23a of the indian income-tax act, 1922. ..... - this is a reference by the income-tax appellate tribunal, madras bench, under section 66(1) of the indian income-tax act, 1922. .....
Tag this Judgment!