Court : Kerala
Reported in : [1977]110ITR515(Ker)
..... geared to the concept of total income under the income-tax act, 1961; and the integral connection with the income-tax act is further emphasised by clause (9) of section 2 of the act. turning now to the income-tax act, 1961, section 2, clause (45), defines 'total income'. section 10 provides for incomes which do not form part of the total income. section 14 provides for the various ..... high court, was the decision next cited. the assessment year was 1963-64. the decision turned on section 85a and section 99(1)(iv) of the income-tax act, 1961. the statutory provision with which we are here concerned did not come up for examination.8. for the said reason, we do not think that the decision ..... general insurance co. ltd : [1975]99itr243(mad) was cited to us. the question there debated was one of rebate under section 99(1)(iv) of the income-tax act, 1961. it was ruled that the said rebate is available also on the gross dividend. this was rested on the words ' received by it 'having been deleted by .....
Tag this Judgment!Court : Kerala
Reported in : [1980]121ITR178(Ker)
..... the non-agricultural portion be levied as if it were placed in the top slabs of the aggregate income. a simple way of securing this objective would be to make a suitable provision in the income-tax act, 1961. losses reported in agriculture need be permitted to be set off against only the gains reported from it in subsequent years. 4.6. under the arrangement ..... we propose, integration of agricultural and non-agricultural incomes for deriving the rate of tax on the latter would take effect only if an assessee .....
Tag this Judgment!Court : Kerala
Reported in : (1981)20CTR(Ker)357; [1981]128ITR694(Ker)
..... in holding that the sum of rs. 41,250, being 50% of the donation made by the assessee-company and deducted under section 80g of the income-tax act, 1961, is an item includible in the total income of the assessee and that the capital of the company is not to be decreased correspondingly for the purpose of rule 4 of the second schedule to ..... . these two references, involving a common question of law, have been made to this court by the income-tax appellate tribunal, cochin bench (hereinafter called 'the tribunal'), under section 256(1) of the i.t. act, 1961 (for short ' the act '), at the instance of the commissioner of income-tax, kerala. they arise out of assessments made against the same assessee, a limited company, for the years .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker267
..... remembered that this power is vested not to minor officials but into top-ranking authorises like the commissioner of income-tax and the central board of revenue who act on the information supplied to them by the income-tax officers concerned. this power is discretionary and not necessarily discriminatory and abuse of power cannot be easily assumed where ..... union of india, (s) air 1957 sc 397. no doubt, the preamble to the income-tax apt did not give much of an assistance, but their lordships gathered the object and purpose of the act from the various provisions contained in the act,127. again, the observation of mr. justice gajendragadkar, that i have extracted earlier, will ..... chandra ayyar in the decision reported in sajjan bank ltd. v. reserve bank of india, 1959-2 mad lj 455: (air 1961 mad 8). the provisions or section 22 of the banking companies act relating to licensing of banking companies were challenged before the learned judge as being opposed to article 19(1) of the constitution, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker31
..... any of the fundamental rights enumerated in part ji of the constitution. after laying down the two tests, the learned judge adverts to section 16(3)(a) of the income-tax act and observes that the said section must pass both the tests to be a valid law and if it violates any of the provisions of article 19 it will be ..... by mr. d. a. krishna warrier, learned counsel, in this respect. no doubt, the judgment of mr. justice sarkar, rendered in the 'tarvancore-cochin land tax act case, 1961 ker lj 143 : (air 1961 sc 552) referred to earlier is a dissenting judgment. though a specific plea was taken before the learned judges in that case that even the levy of basic ..... the position is now clear in view of the decision of the supreme court reported in sales-tax officer v. kanhaiya lal, air 1959 sc 135 and adopted by this court in aluminium industries ltd. v. the agrl. income tax and rural sales-tax officer, 1961 ker lj 1336 that in such circumstances a writ of mandamus may be issued to the state .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker39
..... policy or followed the principle laid down in the act and has consequently transgressed the bonds of the authority delegated to it.....'the learned counsel have also relied upon the observations of the supreme court in the decision reported in basheshar nath v. commr. of income-tax, air 1959 sc 149, to the effect that ..... object was the further development of the particular areas concerned, the learned counsel urged, the government must certainly have had regard to the census report of 1961 and must have allotted a higher percentage to the palghat district and a comparatively less percentage to the quilon district.the learned counsel have also compared the ..... or fresh materials have been collected by the state government, because the learned counsel urged that even according to the government the census reports of 1951 or 1961 do not give the community-wise percentage of literacy, and apart from the census reports no independent investigation has been done by the government either.according .....
Tag this Judgment!Court : Kerala
Reported in : (1978)6CTR(Ker)0037B
..... chargeable profits is geared to concept of total income under the income-tax act 1961; and the integral connection with the income-tax act is further emphasised by clause (9) of s. 2 of the act. turning now to the income-tax act, 1961, s. 2 clause (45) defines total income. s. 10 provides for incomes which do not form part of the total income. s. 14 provides for the various ..... high court was the decision next cited. the assessment year was 1963-64. the decision turned of section 85-a and section 99 (1) (iv) of the income-tax act 1961. the statutory provisions with which we are here concerned did not come up for examination.7. for the said reason, we do not think that the decision of ..... -ii vs. madras motor & general insurance co. ltd. was cited to us. the question there debated was one of rebate under s. 99(1)(iv) of the income-tax act, 1961. it was ruled that said rebate is available also on the gross dividend. this was rested on the words 'received by it' having been deleted by s. 31(3 .....
Tag this Judgment!Court : Kerala
Reported in : [1993]200ITR161(Ker)
..... on the facts and in the circumstances of the case, the tribunal is right in law in holding that the requirements of section 64(1)(iii) of the income-tax act, 1961, are satisfied?' 59. the income-tax references were numbered as i. t. r. nos. 108 to 111 of 1982 and the division bench of this court consisting of dr. t. kochu thommen ..... in all the partners, and since there are only two partners, viz., ramachandra reddiar and arjuna reddiar, they are owners of the property. no doubt, under the income-tax act, 1961, for the purpose of assessment, a firm is a legal entity. but under the partnership law the firm is not a legal entity, but only consists of individual ..... 62. his lordship justice radhakrishna menon, on the other hand, held that a firm, though not a legal entity in partnership law, for the purpose of the income-tax act, 1961, is a legal entity and that means that no partner can claim exclusive right over the assets of the firm during the subsistence of the partnership and the partner .....
Tag this Judgment!Court : Kerala
Reported in : [1999]237ITR706(Ker)
..... not be liable to any income-tax, super-tax, super profits tax, surtax or ..... 21.' 63. section 52 of the said act reads as follows ;'32. income-tax and other taxes.--(1) notwithstanding' anything contained in the wealth-tax act, 1957, the income-tax act, 1961, the super profits tax act, 1963, the companies (profits) surtax act, 1964, or in any other enactment for the time being in force relating to income-tax, super tax or super profits-tax, surtax or any other tax on income, profits or gains- (a) the trust shall .....
Tag this Judgment!Court : Kerala
Reported in : (1998)149CTR(Ker)538
..... not be liable to any income-tax, super-tax, super profits tax surtax or ..... section 21'.sec. 32 of the said act reads as follows:'32. income-tax and other taxes.-(1) notwithstanding anything contained in the wealth tax act, 1957, the income tax act, 1961, the super profits tax act, 1963, the companies (profits) surtax act, 1964, or in any other enactment for the time being in force relating to income-tax, super-tax or super profits-tax, surtax or any other tax on income, profits or gains(a) the trust shall .....
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