Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: kerala Page 1 of about 6,044 results (0.139 seconds)

Mather and Co. (Private) Ltd. Vs. Income-tax Officer, Companies Circle ...

Court : Kerala

Reported in : [1969]71ITR247(Ker)

..... in view of my conclusion that the petitioner is entitled to succeed on his first contention that the income-tax officer had no jurisdiction to take proceedings for rectification under section 154 of the income-tax act, 1961, inasmuch as the order under section 23a passed by his predecessor on may 14, 1964, had ..... 1964, rejected the petitioners contentions and confirmed the order passed by the income-tax officer under section 23a.thereafter, on november 30, 1965, the income-tax officer, companies circle, ernakulam, issued a notice to the petitioner under section 154 of the income-tax act, 1961, informing him that the order passed against the company under section 23a ..... the constitution the petitioner seeks to quash exhibit p-6 evidencing the proceedings taken by the income-tax officer, companies circle, ernakulam, in purported exercise of his powers under section 154(1)(a) of the income-tax act, 1961, amending an earlier order dated may 14, 1964, passed against the petitioner for the .....

Her Highness Setu Parvati Bayi, Maharani of Travancore Vs. Commissione ...

Court : Kerala

Reported in : (1988)68CTR(Ker)189; [1988]170ITR197(Ker)

..... and paid to her as net dividend a sum of rs. 1,11,696 after deducting at source of rs. 34,559 under section 194 of the income-tax act, 1961. the wealth-tax officer treated the total sum of rs. 1,50,255, being the gross dividend, as an accretion to the net wealth of the assessee during the relevant ..... the revenue, referring to the definition of 'net wealth' under the wealth-tax act and various decisions concerning that provision, submits that, in so far as no demand had been made on the assessee for payment of income-tax, the tax deducted at source under section 194 of the income-tax act was not a 'debt owed' by the assessee for the purpose of ..... year and the assessee was assessed on that basis. aggrieved by this decision, the assessee appealed contending that the tax deducted at source under section 194 of the income-tax act was not part of her assets and, therefore, not includible in her net wealth for the purpose of assessment under the wealth .....

The Southern India Tea Estates Co. Ltd., Alleppey Vs. the Commissioner ...

Court : Kerala

Reported in : AIR1965Ker146; [1964]51ITR47(Ker)

..... admissible allowance under sections 10 (1) and 10 (2) (xv) of the indian income-tax act, 1922, came up for consideration before the high court of madras in tax case nos. 91, 92, 99, 102, 110 and 111 of 1961.that court said:'it is true that a capital asset of a trading company is an ..... tax and business-profits-tax in the computation of the 'total income' for the purposes of the income-tax act. a similar provision is lacking in this act, in consequence, no deduction is permissible in respect of wealth tax paid, in calculating 'total income' for the purpose of the income-tax act.' (the three new taxes, page 10).4. section 10 (1) of the indian income-tax act, 1922, provides that the tax ..... of its business for the assessment year 1960-61 under section 10 (2) (xv) of the indian income-tax act'?2. the liability to pay wealth tax arises from the wealth tax act, 1957. the substantive provisions of that act are sections 3 to 7. of these, section 3 is the charging section, it follows closely the language .....

Dr. George Mathew Vs. the District Collector

Court : Kerala

..... of august, 2013 judgment the petitioners are justified in their contention based on infopark kerala v. asst. commissioner of income tax [2008 (4) klt 782.that no tax is liable to be deducted under section 194 la of the income tax act. this is because the price of the property offered to be surrendered was fixed by negotiation and not through land ..... acquisition. but it remains to be seen as to whether the tax is liable to be deducted under section 194 ia of the income tax act in view of the decision in the judgment dated 23.8.2013 in w.p.(c) no.20572/2013.2. the property ..... project is situate within the limits of the corporation of cochin and is therefore not an agricultural land in the context. but the tax is certainly liable to be deducted under section 194 ia of the income tax act if the separate sale consideration to the petitioners individually exceed rs.50 lakhs each. respondents 1 and 2 shall therefore deduct .....

Commissioner of Income-tax Vs. Taiyo Gyogyo Kabushiki Kaisha

Court : Kerala

Reported in : [2000]244ITR177(Ker)

..... of the revenue, the following questions have been referred under section 18 of the companies (profits) surtax act, 1964 (in short 'the act'), read with section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the i. t. act'), by the income-tax appellate tribunal, cochin bench (in short 'the tribunal') :'whether, on the facts and in the circumstances ..... on the basis that it is received or deemed to be received by him in india.' the act : '2.(5) chargeable profits.--'chargeable profits' means the total income of an assessee computed under the income-tax act, 1961 (43 of 1961), for any previous year or years, as the case may be, and adjusted in accordance with ..... cargo. gross freight earnings of rs. 2,75,06,151 for shipment of cargo from indian ports were subjected to tax in accordance with the provisions of section 172(4) of the income-tax act, 1961. the assessee being a non-resident company the assessment was made through its indian agents, devshi dhanji khona, cochin. .....

Commissioner of Income Tax Vs. Shabandari Family Trust

Court : Kerala

Reported in : (2000)162CTR(Ker)394

..... without deduction of tax at source as stipulated in section 194a of the income tax act, 1961. hence letters were issued to the assessee. the assessee's representative in his reply, it is stated that the assessee is a specific ..... was paid to 19 persons totalling to rs. 1,60,599 during the year relevant to the assessment year 1988-89 without deduction of tax at source as stipulated in section 194a of the income tax act, 1961. similarly, for the assessment year 1989-90 interest exceeding rs. 2,500 was paid to 21 persons aggregating to rs. 1,62,180 ..... commissioner (appeals). both the appeals were heard together. the deputy commissioner (appeals) held that the assessee is not governed by the provisions under section 194a of the income tax act and therefore, levy of interest under section 201(1a) for both years was cancelled.3. revenue filed appeals as ita nos. 666 and 667/coch/93 before the .....

Mrs. Grace Collis and ors. Vs. Commissioner of Wealth-tax

Court : Kerala

Reported in : (1988)68CTR(Ker)165; [1988]172ITR597(Ker)

..... the full value of the assets shown in the balance-sheet of the relevant company, as reduced by the rate of depreciation applicable to such assets under the income-tax act, 1961, and the rules made thereunder. according to the assessees, what the officer did was to take the full value, as shown in the balance-sheet, and ..... is a matter of arithmetic. 5. the depreciation deductible from the value of the assets has to be computed strictly in accordance with the rates applicable under the income-tax act and the rules. this is necessarily so, even when the assessee has, for whatever reason, shown in the balance-sheet depreciation which is not correctly computed in ..... be computed with reference to the full value of the assets shown in the balance-sheet, as reduced by depreciation at the rates, allowable in terms of the income-tax act and the rules made thereunder ?' 8. having thus reframed the question, we answer it in principle in the affirmative. but the actual net wealth determinable under rule .....

Commissioner of Income-tax and ors. Vs. T.K. Shahal Hassan Musaliar

Court : Kerala

Reported in : [2001]247ITR395(Ker)

..... certificates were issued only after the death of thangal kunju musaliar, mentioning him as the assessee and, therefore, they were invalid under section 66(3) of the travancore income-tax act and section 221 of the income-tax act, 1961. (3) by the gift deeds executed by thangal kunju musaliar in favour of his wives and children, the title to the properties comprised in them passed to ..... considered these questions and gave the following findings. the additional personal assistant to the collector, being a tax recovery officer within the meaning of section 2(44) of the income-tax act, 1961, is an authority constituted under section 221 of the income-tax act, 1961, to recover arrears of income-tax due under that act and, therefore, he is the corresponding authority referred to in the proviso to section 13(1 .....

Parameswaran Nambudiripad Vs. Inspecting Assistant Commissioner of Agr ...

Court : Kerala

Reported in : [1969]72ITR664(Ker)

..... 1959. the decision in o.p. no. 750 of 1960 was confirmed in writ appeal no. 76 of 1961.8. yet another notice dated november 8,1961, was issued by the department under section 35 of the agricultural income-tax act, 1950, for assessing the petitioner to tax in the status of hindu undivided family for the assessment year 1958-59. this notice also was quashed ..... of the poomuli mana in the status of a hindu undivided family to agricultural income-tax for the assessment year 1961-62 pursuant to exhibit p-1 notice dated march 10, 1965, issued under section 35 and exhibit p-3 notice issued under section 17(4) of the agricultural income-tax act, 1950.2. the petitioner, parameswaran nambudiripad, is a member of poomuli mana consisting of .....

Commissioner of Income-tax Vs. Travancore Electro Chemical Industries ...

Court : Kerala

Reported in : (1994)122CTR(Ker)182; [1995]211ITR775(Ker)

..... nature of compensation paid to the government for delay in payment of cess and, therefore, the assessee is entitled to deduction under section 10(2)(xv) of the indian income-tax act, 1922.8. clause 27 of the regulations regarding conditions of supply of electrical energy, 1972, provides for matters relating to payment of bills. sub-clause (a) ..... law and fact in holding that the payment was made in the course of the business ?' 3. the assessee claimed deduction under section 37(1) of the income-tax act in respect of the interest payable by it to the kerala state electricity board for delayed payment of power charges for the assessment year 1971-72. it was ..... provided the assessee with technical know-how, engineering services, etc., the amounts which the assessee was bound to deduct under section 18(3b) of the indian income-tax act, 1922. there was no condition or stipulation in the agreement between the assessee and the foreign company that the fee would be payable by the assessee without deduction .....