Court : Kerala
Reported in : (1985)50CTR(Ker)9; [1985]155ITR548(Ker)
..... 1967-68 to 1971-72 :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the interest on the excess amount of advance tax payable to the assessee under section 214 of the income-tax act, 1961, up to the date of the regular assessment can be enhanced consequent on the reduction of ..... , on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the order passed by the income-tax officer on the assessees petition dated august 2, 1973, is an order under section 154 and not an order under section 214 of the income-tax act, 1961, and hence an appeal will lie before the appellate assistant commissioner .....
Tag this Judgment!Court : Kerala
Reported in : [1978]113ITR685(Ker)
..... did not consider the explanations filed by the assessee as to why penalty would not be imposed in response to the notices issued by the income-tax officer to the assessee under section 274(1) of the income-tax act, 1961, in those two penalty proceedings ?'for the two years 1966-67 and 1967-68, notices had been issued under section 274 read with section 271 ..... is not free from difficulty in answering has been referred to us by the income-tax appellate tribunal, cochin bench, in relation to the imposition of penalty on an income-tax assessee for the two years 1966-67 and 1967-68, under section 271(1)(a) of the income-tax act, 1961, for short 'the act'. that question reads as follows :'whether, on the facts and circumstances of the .....
Tag this Judgment!Court : Kerala
Reported in : (2006)205CTR(Ker)500; [2007]289ITR329(Ker)
..... we are inclined to answer the reference in favour of the revenue. we hold that the tribunal was not justified in holding that section 158bc r/w section 158bd of it act, 1961 would not apply to the facts of this case. the order of the tribunal is accordingly set aside and the order of the assessing authority is restored. the question of ..... the value of closing stock was rs. 40,881. ao had later issued notice under section 158bc r/w section 158bd calling upon the assessee to furnish a return of income for the block period 1st april, 1985 to 4th jan., 1996 as the books of account of the assessee for the asst. yr. 1984-85 to 1995-96 had been ..... the prescribed time-limit under the provisions of the act. this court pertaining to the very same search conducted on 1st april, 1996 in the premises of don bosco industries in cit v. deep arts : [2005]274itr571(ker) held that even if no search is conducted at the premises of the assessee, the ao has jurisdiction to make assessment under section 158bc .....
Tag this Judgment!Court : Kerala
Reported in : (2005)194CTR(Ker)4; [2005]273ITR338(Ker)
..... of convenience, it appeal no. 283 of 2002 is taken as the leading case in which arguments are addressed.3. this appeal arises under the it act, 1961 (hereinafter referred to as 'the act'). the assessment relates to a block period of ten years 1986-87 to 1996-97 and assessment was made in accordance with section 158bc r/ ..... investments and sources were also scrutinised. after examining the available evidence and discussions, the ito worked out the assessee's receipts and payments and also the undisclosed income for the block period in question. it was in the course of assessment proceedings against kader haji, the father of the appellants for the block assessment under ..... is bad in the eye of law being violative of section 127 of the act?(ii) was the tribunal correct in law in not holding that the dy. cit, central circle, calicut, cannot assess the appellant under block assessment based on another person's income?(iii) was the tribunal correct in law in ratifying the block assessment made .....
Tag this Judgment!Court : Kerala
Reported in : (2006)206CTR(Ker)36; [2007]293ITR99(Ker)
..... was pointed out that as per section 80hhc, deduction has to be computed on the basis of the income from such business. it was pointed out that section 2(24) defines income, which includes profits and gains. the income derived under the it act must be the income included in the total income on which income-tax is charged. further it was pointed out that in respect of the ..... income, the computation under sections 28 to 43c is applied only to ascertain the income liable under the it act and under the agrl. it act and to ascertain such proportion .....
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 : 2003(3)KLT593
..... case, reported in : [1976]103itr149(ker) which was confirmed by the supreme court and reported in gujarat travancore agency v. commissioner of income tax, kerala : [1989]177itr455(sc) in the context of income tax act holding that penalty is tenable without any mens rea being established if the statute so provides. all what section 17(4) contemplates is that ..... , j.1. the petitioners in all these original petitions are dealers under the kerala general sales tax act, hereinafter called the 'act' challenging constitutional validity of section 17(5a) of the act under which penalty is levied on them for evasion of tax. section 17(5a) provides for penalty on a 'dealer' who is originally assessed under section 17 ..... by the petitioners is that mens rea is a necessary ingredient of penalty as is held by the supreme court in mooppil nayar's case, reported in : [1961]3scr77 and in the case of kantilal babulal and bros. v. s.t.o. 21 stc 174. according to them the provision for automatic penalty without .....
Tag this Judgment!Court : Kerala
Reported in : [1966]59ITR171(Ker)
..... authority to pass an interim order to stay, pending revision before it. we see no reason why the above principle cannot be extended to the case before us, under the income-tax act, 1961, which,` though it does not confer such power on the appellate tribunal in specific terms, however creates no express bar against its exercise. the principle is, that the power to ..... difference.our attention was invited by counsel for the revenue to certain provisions of the income-tax act, 1961, as leading to a different conclusion. section 220, sub-section (6) corresponds to section 45 of the act of 1922, adverted to above, and section 220, sub-section (3) empowers the income-tax officer to extend the time for payment or allow payment by instalments on an application .....
Tag this Judgment!Court : Kerala
Reported in : (2005)199CTR(Ker)1
..... premises were searched under section 132(1) of the it act, 1961 on 21st march, 1997 and several incriminating documents were seized. assessment was proceeded as per provisions under chapter xiv-b of the it act, 1961 and a notice under section 158bc was issued to the assessee. assessee filed a return of income in response to this notice disclosing a sum of ..... period specified in such notice, or is not furnished, the assessee shall be liable to pay simple interest at the rate of one per cent of the tax on undisclosed income, determined under clause (c) of section 158bc, for every month or part of a month comprised in the period commencing on the day immediately following the ..... on that date. the difference being the amount you claimed as available as cash balance, with an intention of evading tax payments, i propose to hold this amount as liable for penalty.(b) the interest income earned from bank deposits which you had failed to disclose in the return filed in response to notice under section .....
Tag this Judgment!Court : Kerala
Reported in : (2006)204CTR(Ker)81
..... a regular assessment for the purposes of this section.explanation 4 omitted with retrospective effect from 1st april, 1989 by finance act, 2001 was as follows:explanation 4 : in this sub-section, 'tax on the total income as determined under sub-section (1) of section 143 or on regular assessment' shall, for the purposes of computing the ..... for non-filing or belated filing of returns and under section 234b for non-payment or short payment of advance tax are with reference to income assessed under section 143(1) or on regular assessment under the act. according to the petitioners, the levy and demand of interest is against the decision of the patna high ..... case may be, on the amount by which the advance tax paid as aforesaid falls short of the assessed tax.the following expln. 1 is substituted by finance act, 2001 with retrospective effect from 1st april, 1989.explanation 1 : in this section, 'assessed tax' means the tax on the total income determined under sub-section (1) of section 143 or .....
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