Court : Kerala
Reported in : [1977]109ITR43(Ker)
..... the petitioner could have claimed the reliefs based on the entry 'paper and pulp including newsprint' in the 5th and 6th schedules to the income-tax act, 1961. the petitioner points out that the government of india has actually issued a licence for setting up a unit for the manufacture of cellulose film ..... 1968-69, the petitioner had made applications on november 16, 1967, and february 3, 1969, respectively, for the issue of a tax credit certificate under section 280zb of the indian income-tax act before the first respondent. the said section provides that: 'where any company engaged in the manufacture or production of any of the articles ..... no statutory remedy, according to the petitioner, available for questioning exhibit p-10 order dismissing the appeal.13. the tax credit certificate scheme under section 280zb of the income-tax act provides for the grant of tax credit cretificate to companies engaged in the manufacture or production of any of the articles specified in the first schedule to .....
Tag this Judgment!Court : Kerala
Reported in : [2000]246ITR57(Ker)
..... be treated as an association of persons ? (ii) the beneficiaries are to be treated as individuals ? (iii) they are not liable to deduct tax at source as per section 194a of the income-tax act, 1961 2. whether, on the facts and in the circumstances of the case (the trust being neither an 'individual' nor a 'hindu undivided family', which ..... 180 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, stated that the assessee is a specific trust having ..... 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, .....
Tag this Judgment!Court : Kerala
Reported in : (1996)134CTR(Ker)398; [1997]224ITR228(Ker)
..... court in jamshedpur motor accessories stores v. union of india : [1991]189itr70(patna) have taken the view that the proviso to section 43b of the income-tax act, 1961, incorporated by the finance act, 1987, with effect from april 1, 1988, relates back to the date when section 43b came into operation, i. e., from april 1, 1984 ..... consideration is whether the tribunal is justified in holding that the amount of sales tax remaining unpaid on march 31, 1986, could be allowed under the provisions of section 43b of the income-tax act, 1961. section 43b of the income-tax act, 1961, was inserted by the finance act, 1983, with effect from april 1, 1984. in respect of the items ..... of the assessee under section 256(1) of the income-tax act, 1961. the following three questions were referred to this court for its decision :' 1. whether, on the facts and circumstances of the case, the tribunal is justified in holding that the amount of sales tax remaining unpaid on march 51, 1986, could be disallowed .....
Tag this Judgment!Court : Kerala
Reported in : [2009]180TAXMAN444(Ker)
..... i have pointed out, the counsel for the revenue argues that since the adjustment itself has been made the subject-matter of a revision under section 264 of the income-tax act, which has been repelled by the revisional authority by ext.r(b) order, the petitioner having not challenged that order, cannot now raise a contention that the ..... , which is illegal according to the petitioner, in so far as before making the adjustment of the refund no prior intimation as stipulated in section 245 of the income-tax act was issued to the petitioner.2. after passing of ext.p3 order, the tribunal without reference to ext.p3 order, allowed the petitioner's appeal against the assessment ..... the refund of rs. 22,00,000 due to the petitioner in respect of subsequent assessment years. that adjustment of refund was made under section 245 of the income-tax act, by ext.p5 and similar orders dated 7-9-1998. against those orders, the petitioner filed revision dated 26-11-1998 before the respondent herein, which is .....
Tag this Judgment!Court : Kerala
Reported in : [1997]227ITR586(Ker)
..... : [1997]227itr582(ker) ), this court (of which one of us--myself dictated the judgment) had an occasion to consider the question of applicability of section 43b of the income-tax act, 1961, with regard to the aspect of retrospectivity. we have already observed that the amendments introduced to the provisions of section 43b of the ..... after the end of the accounting year was nevertheless to be disallowed 2. whether, in view of divergent views on amendments to section 43b of the income-tax act, the question whether the sales tax liability of rs. 3,08,424 which was payable only after the end of the year was an admissible deduction is one which is debatable and ..... the high courts on the interpretation of the amendment to section 43b of the act, the rectification ordered spells out a question of law. 6. in our judgment, in view of the position settled not only by the judgment in income-tax references nos. 141 and 142 of 1987 (cit v. kunjumytheen kunju (a.) : [1997]227itr582(ker) ), but also by .....
Tag this Judgment!Court : Kerala
Reported in : (1992)104CTR(Ker)392; [1993]200ITR238(Ker)
..... dated december 31, 1960, gave effect to the agreement and held that the assessment should be made under section 3(5) of the agricultural income-tax act for theaccounting year commencing from july 1, 1960, and the tax payable by all the ten ants-in-common will be demanded in the hands of the common manager. the commissioner of agricultural ..... -61, their assessments were completed in the status of 'hindu undivided family'. during the course of assessment for the year 1961-62, the assessee claimed the status of 'tenants-in-common' by virtue of an agreement dated june 30, 1959, registered on june 25, 1960. they pleaded that there ..... holding that the principles of [1980] klt 276 are not applicable in the instant case?'2. the respondent is the revenue. we are concerned with the assessment year 1961-62 for which the accounting period was july 1, 1959, to june 30, 1960. the assessee is m/s. kallakutta farms, muttathodi p.o., kasargode. till 1960 .....
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 : (2002)176CTR(Ker)426
..... the payment of amount of rs. 7,41,678.10 as certified to the tro by the income tax officer, central circle-i, bangalore, together with interest payable, under section 220(2) of the income tax act, 1961 (hereinafter referred to as 'the act'). the notice also directed that no amount due or payable on any account should be, paid without ..... written order from the office of tro. by a letter dated 26-12-1977, at ext. p2, the managing agent of kurumber betta estate sought clarification from the income tax officer, central ..... v. ito : [1981]131itr129(sc) in support of his contention. we find that in beharilal ramcharan (supra), the proceedings were initiated under section 226(3) of income tax act, and therefore, the supreme court came to the conclusion that a notice under clause (i) of sub-section (3) of section 226 had to be given to the .....
Tag this Judgment!Court : Kerala
Reported in : [1963]49ITR927(Ker)
..... rs. 70,000. the question for consideration is whether the difference between the two figures, namely, rs. 45,698 is assessable to tax under the second proviso to section 10(2) (vii) of the indian income-tax act, 1922.sub-section (2) of section 10 provides that the profits or gains of a business, profession or vocation should be computed ..... tribunal, madras bench, under section 66(1) of the indian income-tax act, 1922. the question referred is :'whether the sum of rs. 45,698 is assessable to tax under the provisions of the second proviso to section 10(2) (vii) of the income-tax act ?'the assessment year with which we are concerned of five members, was carrying on a bus ..... sense that the word 'sale' is employed in the second proviso to section 10(2) (vii) of the act.the identical question came up for consideration before the high court of bombay in rogers & co. v. commissioner of income-tax. chagla c.j., delivering the judgment of the court, said :'now what are the facts and circumstances of .....
Tag this Judgment!Court : Kerala
Reported in : [1965]55ITR409(Ker)
..... the assessee. 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 ?'bye-law 207 of the bye-laws of the association is entitled 'laga' and reads as follows :'a contribution at the rate of 50 np ..... '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. 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 ..... the judgment of the court was delivered bym. s. menon c.j. - this is a reference by the income-tax appellate tribunal, madras bench, under section 66(1) of the indian income-tax act, 1922. the assessee is the india pepper and spice trade association, cochin. the assessment year 1958.2. the reference is in pursuance of an application by .....
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