Court : Kerala
Decided on : Jan-09-1961
Reported in : [1962]44ITR816(Ker)
..... marson. 9. 1,467 for w.s. heron.the income-tax officer, having regard to the amendment of the act in 1954, held these contributions to be taxable as perquisites under section 7(1), explanation 1, paragraph (v) of the indian income-tax act. the assessees appealed unsuccessfully to the appellate assistant commissioner; and, having failed, went in appeal to ..... the employer in order to attract the liability under section 7(1), and mere contingency of getting some benefit from the payments would not justify being taxed under the indian income-tax act. in further support of this view we may refer to commissioner of income-tax v. bombay burma trading corporation ltd. [[1933] 1 i.t.r. 152 ..... trust deed in respect of a contract for a deferred annuity on the life to the assessee is a perquisite as contemplated by section 7(1) of the indian income-tax act (2) whether the said contributions were allowed to or due to the applicant by or from the employer in the accounting year (3) whether the deferred .....
Tag this Judgment!Court : Kerala
Decided on : Jan-20-1961
Reported in : [1962]44ITR828(Ker)
..... what is stated above we agree with the tribunal and hold that the income in controversy is exempt under section 4(3)(i) of the indian income-tax act, 1922, and that it is not brought back into the net of taxation by clause (b) of the proviso to that sub-section. ..... menon j. - this is a reference by the income-tax appellate tribunal, madras bench 'a', under section 66(1) of the indian income-tax act, 1922. the question referred is :'whether 60% of the income of the assessee applied to the development of arya vaidyasala and the conduct ..... under section 4(3)(i) having regard to clause (b) of the proviso to that sub-section ?'section 4 deals with the application of the act. sub-section (3) thereof directs that any income, profits or gains falling within the classes specified therein shall not be included in the total income ..... the signature of the registrar will be forwarded to the appellate tribunal as required by section 66(5) of the indian income-tax act, 1922.reference answered accordingly. .....
Tag this Judgment!Court : Kerala
Decided on : Jan-30-1961
Reported in : AIR1962Ker21
..... to be actionable, can only give rise to damages against that defendant. even then to support such a claim, different averments would be necessary, and permission to amend the plaint cannot now be given because the claim has now become barred.in any case, there is no sufficient evidence to show ext. a having been proved ..... failure to comply with such a collateral agreement would justify the appellant being given damages. he has also argued that the appellant should be given an opportunity to amend the plaint and sue on the collateral security contained in the letter by the 2nd defendant. the position 'taken up by the respondent's learned advocate is ..... the excise rules of the state to be void. we feel that section 24 of the cochin contract act being similar to section 23 of the indian contract act, there was no necessityto expressly provide that contracts in contravention of the abkari act would be void. agreements calculated to defeat the object of any enactment would be void, and therefore .....
Tag this Judgment!Court : Kerala
Decided on : Feb-01-1961
Reported in : (1961)IILLJ486Ker
..... evidence produced by the defence and the accused shall not be entitled to an adjournment on this ground. 68. section 19 gives power to the commissioner to amend the articles of charge. power is also given to adjourn the inquiry from time to time. 69. section 20 enjoins the commissioner, after the close of ..... in exercise of any specific statutory powers or administrative rules. 109. after making the above observations, his lordship considers the position of the members of the indian civil service and ultimately holds: but the guarantee being one of an enquiry directed under one of two alternative powers, the exercise of authority under one of ..... the government is invested with authority to direct an enquiry in one of two alternative modes and by directing an enquiry under the, public servants (inquiries) act, which act, it is submitted, contains more stringent provisions when against another public servant similarly circumstanced an enquiry under rule 55 may be directed. article 14 of the .....
Tag this Judgment!Court : Kerala
Decided on : Apr-11-1961
Reported in : AIR1962Ker333; [1962]32CompCas953(Ker)
..... wound up, shall also apply to a banking company in respect of which a petition for the winding up has been presented before the commencement of the banking companies (amendment) act, 1953.' it is said that sub-section (1) applies to this case, the application being an application by a banking company which is being wound up and ..... which they alleged that certain sums were due from the directors named in the report and prayed that proceedings may be started against them under section 235 of the indian companies act 1913. the present application was brought on 22-5-1958, and, obviously with an eye on limitation, professes to be in continuation of report no. 10 ..... for limitation for banking companies that are being wound up. this section runs as follows:'45-o. (1) notwithstanding anything to the contrary contained in the indian limitation act,1908 or in any other taw for the time being in force, in computing the period of limitation prescribed for a suit or application by a banking company .....
Tag this Judgment!Court : Kerala
Decided on : Apr-12-1961
Reported in : AIR1962Ker185
..... this was done by notification of february .15, 1.956. the aforesaid notification provided for the following amendments:'(1) in clause (a) of sub-rule (1) of rule 18 --(a) for the words 'travancore income tax act' wherever they occur the words and figures 'indian income tax act, 1922' shall be substituted;(b) for the word and feme 'section 8'' the word and figure ..... should be deemed to be the reference to the indian income tax act under the general clauses acthe has urged that the assessment on the petitioner is valid notwithstanding the decision in (s) air 1956 trav-co 174. the two questions, therefore, inviting adjudication in these writ petitions fire:(1) whether the subsequent notifications amending the proviso to rule 18(2) as well .....
Tag this Judgment!Court : Kerala
Decided on : May-30-1961
Reported in : (1961)IILLJ363Ker
..... before respondent 1, but those proceedings were however unrelated to the charges framed against the respondent and so the management filed an application under section 33(2) of the act as amended seeking its approval for the action it had taken, respondent 2 in his turn filed a petition under section 33a against the management for alleged contravention of the provisions ..... co. 1951--ii l.l.j. 314.9. the limitation on the power of the tribunal to interfere with the order of management has again been laid down in indian iron and steel co. ltd. v. their workmen 1958--i l.l.j. 260 where it has been held that the powers of the tribunal to interfere with oases ..... a case for dismissing the workmen in question and dismissed the petition.the material provisions of section 6e(2) of the uttar pradesh act are the same as section 33(2)(ft) of the act after its amendment made by act 36 of 1956. their lordships 'in setting aside the order of the tribunal discussed the difference in the- two oases falling .....
Tag this Judgment!Court : Kerala
Decided on : Jun-06-1961
Reported in : AIR1962Ker69; [1961]12STC722(Ker)
..... the course of inter-state trade or commerce, within the meaning of article 286(2) prior to it amendment by the constitution (sixth amendment) act, 1956, even if the buyer bought the goods solely for transporting them outside the state and did transport them. indian standard wagon co's case, 1958-9 stc 553 : (air 1960 cal 25) is urged to ..... be doubtful, in view of what been held by a division bench of the same high court in indian standard wagon ..... co. ltd, v. commercial tax officer, 1960-11 stc 47 : (air 1960 cal 424). we feel the correct legal position to be between the two arguments. it is clear that parliament had not enacted in the central sales tax act something different to what courts had earlier .....
Tag this Judgment!Court : Kerala
Decided on : Aug-12-1961
Reported in : AIR1962Ker81
..... and it wasobserved that when a charge has been definitelyframed in which theft is alleged, the accused can. not be convicted of house trespass with some otherobject, without an amendment of the originalcharge unless the court is satisfied that he has notbeen prejudiced in his defence by the omission toamend the charge. 9. following all these decisions the orissa ..... is likely to cause insult or annoyance to the owner of the property does not amount to an intent to insult or annoy within the meaning of section 441, indian penal code; but where the trespasser knows that his trespass is practically certain in the natural course of events to cause insult or annoyance to the owner of the ..... c. j. said in r. v. dixon, (1814) 3 m. and section 611 at p. 15:'it is universal principle that when a man is charged with doing an act, ............ the intention is an inference of law resulting from doing theact'.16. a division bench of this court in kunju moideen methararu v. kandan, 1958 ker lt 1048 : (air .....
Tag this Judgment!Court : Kerala
Decided on : Aug-16-1961
Reported in : AIR1962Ker298
..... for the petitioners and the learned advocate general on behalf of the state, i will advert to the salient features of the travancore tolls recovery act --act iv of 1088 as amended by act iii/1098, because an alternative contention has been raised by the state that the notification, which is under attack, can in any event, be ..... within their jurisdiction. (d) all vehicles and machinery belonging to the t. c. government excluding those of the state transport department. (e) all vehicles belonging to the indian or international red cross. (f) all vehicles, belonging to the defence department of the government of india. (g) all vehicles belonging to all foreign embassies of the ..... consider the question as to whether there has been an excessive delegation of legislative authority under section 11 (1) of the madras commercial crops markets act -- act 20 of 1933 as amended by act 33 of 1955. under the said section, power was given to the market committee to levy a cess by way of sales tax on any .....
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