Court : Kerala
..... the learned senior advocate for the revenue, we encapsulate the question for decision in this appeal under section 260a of the income tax act, 1961, "it act", for brevity, as follows: are the provisions of section 80p of it act excluded in terms of sub-section 4 of that section; from application in relation to the kerala state co- operative ..... agricultural and rural development bank limited; governed by the provisions of the kerala state co- operative (agricultural and rural development banks) act, 1984; hereinafter, the 'cardb act'? 2. we are dealing with the assessment year 2007-2008 or thereafter, and are therefore concerned with the impact of the insertion of sub- ..... co-operative agricultural and rural development bank limited may admit a primary bank as its member. 'primary bank' as defined in section 2(h) of the cardb act means, among other things, a co-operative society. therefore, the appellant does not satisfy the condition prescribed in sub-clause (2) of clause (cciv) .....
Tag this Judgment!Court : Kerala
..... buildings even though the measure of annual value of a building was also adopted as a standard for determining income from property under the income-tax act. the same standard was adopted as a measure for the two levies, yet the levies remained separate imposts by virtue of their distinctive nature. the measure adopted, it was ..... legislature linking the levy with the annual value of the building and prescribing a uniform formula for determining its capital value and for calculating the tax. in hinger- rampur coal co. ltd. v. state of orissa [[1961] 2 scr 537], the form in which the levy was imposed was held to be an impermissible test for defining in itself the character ..... 452]; konduri buchirajalingam v. state of hyderabad and ors [air 1958 sc 756]; george oakes pvt. ltd. v. state of madras - [1961 (12) stc 476 (sc)] have held that it is not a necessary concomitant of a sales tax that it should necessarily be passed on to the buyer. from the point of view of an economist and as an economic .....
Tag this Judgment!Court : Kerala
..... the word paien (first recorded around the beginning of the thirteenth century), the ancestor of our word pay. 32. as per section 69 (2b) of the income-tax rules, 1962 (as quoted in aiyar s law lexicon), pay includes basic wages with dearness allowance, retaining allowance (if any), and food concession admissible thereon, ..... where preparations containing liquor or intoxicating drugs are manufactured. 16. the supervisory arrangement is with a view to ensuring proper collection of duties, taxes, and other dues payable under the act as well as the proper utilization of the liquor or intoxicating drugs. as a necessary corollary, clause (e) of section 14 further empowers ..... inspector, one inspector, two preventive officers and eight guards to supervise the day-to-day functioning of the petitioner factory. following section 14 of the abkari act ('the act' for brevity) read with rule 14 of the kerala distillery and warehouse rules, 1968 (part-i) ('the rules' for brevity), the government has deployed .....
Tag this Judgment!Court : Kerala
..... the affected persons, too. 10. in furtherance of his submissions, the learned counsel would contend that the respondent bank had preferred to pay exorbitant amounts towards income tax rather than pay its employees the revised pay, which is mandatory, apart from being a statutory obligation. the learned counsel has also contended that once the ..... (as shown in w.p.(c)no.33043/2011) issued by the government purportedly exercising its powers under section 101 of the kerala co-operative societies act ('the act' for brevity) deferring the implementation of exhibit p3 pay revision until 31.01.2013. 3. since all the petitioners are similarly situated and have a ..... retrospectively. 38. without much cavil, i may observe that the parameters of an amendment which is clarificatory in nature are well established. the very amending act is to provide the background and the necessary explanation as regards what vagueness or misconception or even misinterpretation the amendment seeks to remedy and in what .....
Tag this Judgment!Court : Kerala
..... ) of the same act? 35. a learned division bench of this court has held that section 89 (1) is a beneficial provision which has been ..... supra), the issue is whether the voluntary retirement from service would fall under the term "termination of employment" within the meaning of section 17(3) of the income tax act. the other issue is whether the relief under section 89(1) is admissible after the grant of exemption under section 10(10c)(viii) of the ..... income tax act. in other words, whether an employee who received compensation under the voluntary retirement scheme from his employer is entitled to get relief under section 89 (1) read with section 17 (3) (1) of the income tax act, over and above the exemption provided under section 10 (10c) (viii .....
Tag this Judgment!Court : Kerala
..... unbridled), it is stated that the remedy of the official liquidator or anybody aggrieved is to pursue further steps in terms of rule 11 of the second schedule of income-tax act [option 1], rule 60 seeking to set aside the sale by effecting deposit within 30 days [option 2], challenging the sale referring to the material irregularities/ non ..... as conducted on 18.09.2006 was in clear violation of the rule/clause 55 of part iii of schedule 2 of the income tax act, which is the procedure to be followed as stipulated under the rdb act . the so called sale was an instance of farce and not at all an auction. that apart, what was intended to ..... tribunal. the apex court also held that section 19(19) of the rdb act is clearly inconsistent with section 446 and other provisions of the companies act; and that only section 529-a is attracted to the proceedings before the tribunal , dealing with distribution of income generated. it was accordingly made clear that on questions of adjudication, execution and .....
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..... of the honourable supreme court, referring to interpretation of statute, held that the court fees act being a fiscal statute, its provisions must be construed strictly, in favour of the subject litigant. subsequently, the supreme court in commissioner of income tax - iii vs. calcutta knitwears (2014(6) scc 444) while dealing with the interpretation ..... of statute relating to taxation laws followed the same view. it was held that normally the language of a taxing statute ordinarily be read understood in the sense in which ..... upon this point or on the ancillary issues, contended that the question as to whether explanation (3) to section 52 of the kerala court fees act applies to an appeal, at the instance of the plaintiff was not specifically considered and wherever it was considered and rejected, it requires a reconsideration since .....
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..... court judgment has been extracted therein, which also makes a reference to the decisions rendered by the mumbai high court in siba dyes ltd., bombay v. commissioner of income tax, bombay [air 1954 bombay 242] and nagpur high court in kawalsingh akbar v. baldeosingh akbar [air 1957 nagpur 57]. 17. since we had our own doubts ..... to set aside the award have already been dismissed and since the appeal is provided against those orders by virtue of section 39(1)(vi) of the old act , (under which provision the present appeals have been preferred) and further since we have already interfered with the impugned orders, further proceedings pursuant to the applications ..... proposition in state of kerala v. sivan pillai [1997 (1) klt 556] and hold that section 5 is very much applicable to the proceedings under the arbitration act, 1940, after the amendment as mentioned hereinbefore. 21. in the above circumstances, we hold that the matter finalised by the court below leading to the impugned orders .....
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..... welfare fund board, the manner of augmentation of resources of the fund and other connected and related matters. by ordinance no.61/2012, the kerala local authority entertainments tax act, 1961 was amended for the sole purpose of enabling the state government to levy a cess for the purposes of the welfare fund constituted under the kerala cultural activists' ..... .n. vide scc para 19. 13. hence, ordinarily a cess is also a tax, but is a special kind of tax. generally tax raises revenue which can be used generally for any purpose by the state. for instance, the income tax or excise tax or sales tax are taxes which generate revenue which can be utilised by the union or the state governments for ..... apply to clergyman and to hotel keepers as members of the public, but no one would describe an income tax law as being, for that reasons a law with respect to clergyman or hotel keepers ..... 17. on a view of the act as a whole, i am of the view that the substance of the legislation is within the .....
Tag this Judgment!Court : Kerala
..... . of course, a firm can be a legal entity by legal fiction as is the case under the negotiable instruments act or by a statutory mandate, as is the case under the income tax act. 27. each partner, thus, acts not only in his interest but also in the interest of all other partners as their agent. thus, the authorities ..... have, i believe, devised the method of convenience to grant licence in the name of a particular person, a human being, evidently while he is acting in the capacity ..... it is meat to extract that portion of ext.p1, which records the factum of granting licence: "deputy commissioner of excise, kasaragod, under the provisions of the abkari act, 1077 hereby licence sri. george joseph, s/o. joseph, managing partner, navarang tourist hotel and residency, kanhangad to vend beer/wine at the premises of the hotel .....
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