Court : Kerala
Reported in : [1991]188ITR192(Ker)
..... the only question referred is whether the tribunal was right in its decision that the subscription received by the assessee from its members is income liable to be taxed under the income-tax act, 1961. this question has to be answered on the basis of the findings recorded by the tribunal. the question whether the finding recorded by ..... correct and also (b) whether the tribunal was right in its decision that the subscriptions received by the assessee from its members as income are liable to be taxed under the. income-tax act, 1961. since the tribunal refused to refer the questions, the assessee filed original petitions nos. 3257 and 3256 of 1981 before this court. ..... arid in the circumstances of the case, was the tribunal right in its decision that subscriptions received by the assessee from its members was income liable to be taxed under the income-tax act, 1961 ?'2. the question was referred at the instance of the assessee. these cases relate to the assessment years 1972-73 and 1973-74, .....
Tag this Judgment!Court : Kerala
Reported in : (2008)219CTR(Ker)359; 2006(4)KLT344; [2009]179TAXMAN117(Ker)
..... state government engaged in the business of manufacture of cement and cement paints at kottayam and is an assessee under the income tax act 1961, on the files of the second respondent. in respect of the assessment year 2000-2001 petitioner filed its original return on 28.11.2000 declaring a total ..... constitution of india challenging ext.p12 order dated 18.11.2005 issued by the assistant commissioner of income tax directing the assessee to ensure compliance with the statutory notification issued under section 143(2) and 142(1) of the income tax act, 1961 without fail and also for other consequential reliefs.2. petitioner is a company owned by the ..... . the next question to be considered is whether assessing officer by issuing ext.p7 notice under section 143(2) of the income tax act as well as ext.p8 notice under section 142 of the income tax act has embarked upon a roving enquiry on issues which are unconnected with the issue which forms the basis of proceedings initiated under .....
Tag this Judgment!Court : Kerala
Reported in : (2001)166CTR(Ker)268; [2001]247ITR541(Ker)
arijit pasayat, c.j. 1. the following questions have been referred by the income-tax appellate tribunal, cochin bench (hereinafter referred to as 'the tribunal'), under section 256(1) of the income-tax act, 1961 (in short, 'the act'), for the opinion of this court :'1. whether, on the facts and in the circumstances of the case, the tribunal is right in ..... law and fact in cancelling the penalty under section 271(1)(c) sustained by the commissioner of income-tax (appeals) ? 2. whether, on the ..... the assessing officer without accepting the plea of the assessee, levied penalty of rs. 1,75,000 under section 271(1)(c) of the act. in the first appeal, thecommissioner of income-tax (appeals) held that as regards quantity of 2,049.5 kgs. claimed to have been received from job work, it would not be correct .....
Tag this Judgment!Court : Kerala
Reported in : [2001]248ITR436(Ker)
m. ramachandran, j.1. proceedings of the appropriate authority exercising pre-emptive powers of purchase under section 269ud of the income-tax act, 1961, are under challenge. the validity and propriety of exhibits p-7, p-9, p-9(a) and exhibit p-11 as also the further proceedings pursuant thereto ..... , 1999 (exhibit p-7), conveying their decision that the appropriate authority proposed to pass an order for pre-emptive purchase of the property under section 269ud of the income-tax act for rs. 66,99,100. thereupon a written representation had been filed by the petitioners objecting to the proposal. in due course they had been given an opportunity ..... of inspection and they were highly placed competent officers who had discharged their duties most efficiently and no interference is called for.16. chapter xx-c of the income-tax act had been introduced in october, 1986. this was since it was found that the scheme brought in for acquisition of immovable properties by the central government in certain .....
Tag this Judgment!Court : Kerala
Reported in : [2006]145STC427(Ker)
..... , it is not possible to accept the contention of the respondents that offshore companies incorporated and registered under moba are not 'liable to taxation' under the mauritius income-tax act ; nor is it possible to accept the contention that such companies would not be 'resident' in mauritius within the meaning of article 3 read with article 4 ..... the buyer, viz., m/s. koyemco solvent extraction, calicut, who purchased the said gunny bags for packing cattle feeds produced by them. the additional income-tax officer found that since the respondent/assessee has sold gunny bags against form 18 declarations to a dealer in cattle feed, which was exempted from payment of ..... the case may be: provided that this sub-section shall not apply where the sale of such finished products is not liable to tax either under this act or under the central sales tax act, 1956 (central act 74 of 1956) or when such finished products are exported out of the territory of india : provided further that the provisions of .....
Tag this Judgment!Court : Kerala
Reported in : (2003)183CTR(Ker)160; [2003]263ITR579(Ker)
..... offers an explanation which is found by the ao or the cit(a) to be false, or(b) such person offers an explanation which is not able to ..... penalty under section 271(1)(c) of the act.4. section 271(1)(c) of the act provides that if the ao or the dy. cit(a) or the cit(a) during the course of the proceedings under this act is satisfied that the person has concealed the particulars of his income or furnished inaccurate particulars of income, he may direct that such person shall pay ..... him which shall not exceed three times the amount of the tax sought to be evaded by reason of the concealment of his income. expln. 1 to the said sub-section provides that,'where in respect of any facts material to the computation of the total income of any person under this act : (a) such person fails to offer an explanation or .....
Tag this Judgment!Court : Kerala
Reported in : [1971]79ITR72(Ker)
..... criminal revision petitions the order committing the petitioner for trial to the sessions court in respect of charges under sections 276(d) and 276b of the income-tax act, 1961, which will hereinafter be referred to as ' the act ', has been challenged on the ground that the charge under section 276b is violative of article 20(1) of the constitution of india and that the ..... not bring into operation for the continuity of the provision of that section. so it is alleged that there is no saving provision in the income-tax act, 1961, subsequent to the repeal made in section 276(d) of the act and, therefore, it is contended that the complaints filed under section 276(d) are unsustainable and, hence, the district magistrate was not competent to .....
Tag this Judgment!Court : Kerala
Reported in : (1983)36CTR(Ker)372; [1984]150ITR105(Ker)
..... income-tax, calicut range, calicut, and the 3rd respondent is the income-tax officer, a ward, circle i, calicut. the final order is the one passed by the 1st respondent, evidenced by ext. p-5, dated may 5, 1978. the short question that arises for consideration is the scope of the revisional power of the first respondent under section 264 of the i.t. act, 1961 ..... it was held by the court of appeal that notice of appeal having once been given, the commissioners were bound to proceed in accordance with the income-tax acts and determine the true amount ofthe assessment. at page 493 of the report, lord wright observed as follows: '......in making the assessment and in dealing ..... in the hearing of the appeal or revision is wholly dealt with by the provisions of the income-tax acts, under the madras general sales tax act the revisional jurisdiction and appellate jurisdiction are conferred by the act, but the power of the appropriate authority in the exercise of the jurisdiction when it appears to .....
Tag this Judgment!Court : Kerala
Reported in : [1979]116ITR158(Ker)
..... information in his possession, the ito has reason to believe that income chargeable to tax had escaped assessment, the ito has jurisdiction to assess or reassess income under section 147(b) of the i.t. act, 1961. information in his possession that income chargeable to tax has escaped assessment furnishes a starting point, for assessing or reassessing income. if he has that information, the ito may commence proceedings ..... by the assessee constitutes information within the meaning of section 147 of the i. t. act, 1961, such information being related to assessment year 1970-71, it cannot be said that the ito had in consequence of information in his possession, reason to believe that income chargeable to tax has escaped assessment for the assessment year 1967-68 ?' 2. the assessee is a government .....
Tag this Judgment!Court : Kerala
Reported in : (1980)17CTR(Ker)269; [1980]126ITR168(Ker)
..... eradi, c.j.1. pursuant to the order passed by this court in o.p. no. 5651 of 1975 under section 256(2) of the i.t. act, 1961, the income-tax appellate tribunal, cochin bench, has stated a case referring the following questions for decision by this court:'1. whether, under the facts and circumstances of the case, ..... 2. whether, under the facts and circumstances of the case, the income-tax appellate tribunal is justified in including the sum of rs. 1,21,554, the interest on the enhanced compensation, as the income of the assessee for the assessment year 1970-71 ?' 2. during the year 1961, a total extent of 1 acre 83 cents belonging to the assessee ..... was acquired under the kerala land acquisition act (hereinafter called 'the act') for the cochin shipyard project. possession of a portion of the .....
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