Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2003 section 5 amendment of section 115s Court: kerala Page 8 of about 762 results (0.133 seconds)

Cit Vs. Kerala Electric Lamp Works Ltd.

Court : Kerala

Reported in : [2003]129TAXMAN549(Ker)

..... depreciation when the assessee had not made a claim. in para 4 of the order of the tribunal it was noticed that after the amendment of section 34(1) by the taxation laws (amendment and mise. provisions) act, 1986 with effect from 1-4-1986, it was not necessary for the assessee to furnish the prescribed particulars for claiming depreciation but ..... the matter would have ended there. but according to sri p.k.r. menon, learned standing counsel appearing for the revenue, the explanation inserted by amendment to section 32 by finance act, 2001 with effect from 1-4-2002 would take back to the position that whether or not the assessee claimed the deduction in respect of the ..... which amended section 25(2) of the wealth tax act to the effect that 'record shall include and shall be deemed always to have concluded all records relating to any proceeding under this act available at the time of examination by the commissioner has been noticed. it can be seen that the word 'record' by fiction of law is .....

Indus Motors Company Pvt. Ltd. Vs. The Deputy Commissioner of Income T ...

Court : Kerala

..... reference order in paragraph 23 as noted above is based on correct interpretation of explanation 1? 15. explanation 1 to section 32(1) was inserted by the taxation laws (amendment and miscellaneous provisions) act, 1986 with effect from 01.04.1988. section 32 deals with depreciation. prior to 01.04.1988, it was sub-section (1a) of section 32 ..... of the above ratio in the facts and circumstances of the instant case, we do not see any substantial question of law as raised by the tribunal, for out consideration, as explanation 1 to section 32(1) of the act is not attracted. accordingly, these appeals are dismissed. consequently, m. p. no.1 of 2007 is also dismissed ..... of income tax, kerala [(1967) 64 itr 63]. the above case arose out of income tax act, 1922 in which section 10 came for consideration as to whether expenditure of rs.2,625/- as capital expenditure was justified in law ? the division bench stated the following: the amount admittedly has been expended for reclaiming a piece of .....

Commissioner of Income-tax Vs. A. Kunjumytheen Kunju

Court : Kerala

Reported in : [1997]227ITR582(Ker)

..... taxation, not only should the liability to pay the tax or duty to be incurred in the accounting year in question, but it was further necessary that the amount should be statutorily payable in the accounting year itself.3. however, the amendments introduced to the provisions of section 43b of the act by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act ..... , 1989, changed the situation with regard to the contents of the provisions of section 43b of the act. the finance act, 1989, relating to the amendment made in 1989 by its second proviso to section .....

Commissioner of Income-tax Vs. Bhima Bros.

Court : Kerala

Reported in : [1995]214ITR302(Ker)

..... of any interpretation other than that canvassed by the revenue. he relies on the notes on clauses appended to the taxation laws (amendment) bill, 1969, by which section 295(2)(kk) was sought to be introduced in the act. it is under the said provision that the central government is empowered to make rules prescribing the procedure to be ..... 1978, the income-tax officer charged interest under section 139(8) for the belated filing of the return. subsequently, he rectified the assessment under section 154 of the act by his proceedings dated june 20, 1978, and reduced the amount of interest to rs. 2,855 reckoning the delay in filing the return as one month. the ..... t. l. viswanatha iyer, j.1. the income-tax appellate tribunal, cochin bench, has referred the following question of law for the opinion of this court under section 256(2) of the income-tax act, 1961 ;' whether, on the facts and in the circumstances of the case, the rectification order is valid ?'the assessment year concerned is 1977- .....

Parmeswaran Nair Vs. Janaki Amma and anr.

Court : Kerala

Reported in : AIR1972Ker80

..... finding out whether the case of paternity spoken to by the mother is to be accepted. in england the rule of corroboration is a requirement of the statute. bastardv laws amendment act, 1872 required that the justices--' .........shall hear the evidence ofsuch woman and such other evidence as she may produce, and shall also hear any evidence tendered by or ..... to be on very familiar terms with the plaintiff was held to be sufficient. mellor, j,, in this connection, said thus : 'no rule of law excludes testimony as to the acts of familiarity before the time when the bastard child could have been begotten; and evidence of that kind shows at least a probability that the statement of ..... appeal in england the question as to what would amount to corroboration came up. on the facts of that case the learned judges were apparently divided but on the law there was no controversy. bankes l. j. referred to the decision in rex v. baskerville, 1916-2 kb 658 in considering the question as to what constituted .....

S. B. Sankar Vs. State of Kerala and Another.

Court : Kerala

Reported in : (1988)72CTR(Ker)9; [1988]171ITR689(Ker)

..... benefit of exception was opposed to article 14 of the constitution. upholding section 10(26)(a) of the income-tax act, the supreme court observed at pages 88 and 89 :'while it is true that a taxation law cannot claim immunity from the equality clause in article 14 of the constitution, and has to pass, like any ..... agricultural income derived from property held under trust or other legal obligation wholly for religious and charitable purposes was exempt from taxation to the extent such income was applied for such purposes. the act as amended in 1974 confined the exemption to the extent such income is applied for religious or charitable purposes within the state. thus ..... 74 onwards, the income from the cardamom estate is subjected to levy of agricultural income-tax for the reason that under the amended provisions of section 4(1)(b) of the agricultural income-tax act, such income spent for religious and charitable purpose outside the state of kerala does not qualify for exemption. section 4(1)(b .....

Hotel Asoka Vs. the Commercial Tax Officer-1, Dept of Comml. Taxes

Court : Kerala

Reported in : 2008(1)KLJ419; (2009)25VST546(Ker)

..... picture palace (1995) 96 stc 338 has observed that, if the state legislature have competence to legislate, they can do so prospectively as well as retrospectively and taxation laws are no exception to this power. the supreme court in empire industries ltd.'s case (1987) 64 stc 42 following krishnamurthi and co.'s case 31 stc 190 ..... per cent of the purchase price of such liquor. this provision was inserted by way of amendment to section 7 of the act by kerala general sales tax (amendment) act, 2005 for the assessment years 2005-2006 onwards. section 7 of the act which provides for composition of tax liability starts with a non-obstante clause and excludes the ..... are running bar attached hotels and who had opted to pay turnover tax under section 5(2) of the act at the compounded rate filed writ petitions before this court to challenge the validity of the amendment act and in that sought for quashing the circular instructions issued by the commissioner of commercial taxes dated 27th november .....

Bhagavathy Tea Estates Ltd. and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [1989]179ITR508(Ker)

..... 2scr581 .).19. could the levy be effective from the first of april, 1987, with the existing provisions of the amendment act 20. some aspects of this taxation measure came up for examination by this court when the parent act was enacted. what exactly is the incidence of the plantation tax is it on land or is it on land ..... contiguity of greenery attracted the attention of administrators including the tax-gatherers.2. plantation tax was imposed in the state by the kerala plantation tax act, 1960 (act 17 of 1960).3. law-making has its own complexities. this enactment also had its share. the legislation was not born on the very day of the commencement of ..... it.23. even with the avowed purpose, it may fall short of needed accomplishment, if expression of the intention is inadequate and ineffective. the students of law or of public finance or of economic sciences, would be well acquainted with basic principles in interpretational expressions relating to tax measures. the history of diverse tax .....

Damodaran and ors. Vs. State

Court : Kerala

Reported in : AIR1960Ker58

..... the delegation under section 3(1) and (2) and the proviso to section 3 of the act and is unexceptionable.7. it was contended, that decided cases have recognised the delegation of authority to fix rates or taxation as valid in law; but the limitations to such delegation are also deducible from them. the point decided in syed ..... notice of its intention so to do, by a notification after the expiry of the period of notice mentioned in the first notification, amend either schedule, and thereupon such schedule shall be deemed to be amended accordingly.'by virtue of certain legislative enactments, which need not be mentioned, 'goods sold to or by the state government' were ..... tax was to be levied, which, for certain classes of vehicles, were lower than the corresponding maxima specified in the act. section 18 of the act provided as follows:sub-section (1) 'government may by notification in the gazette, amend, alter, add to, or cancel in part, or the whole, of schs. i, ii or iii appended to .....

Commissioner of Income-tax Vs. Dharmodayam Co.

Court : Kerala

Reported in : [1997]225ITR686(Ker)

..... occasion to consider the claim made by the assessee-company for exemption of its income from the kury business under section 4(3)(i) of the indian income-tax act, 1922, as amended by act 25 of 1953 in dharmodayam co. v. cit : [1962]45itr478(ker) . the relevant provisions of section 4(3) read as follows : '4. (3) any income, profits or gains ..... religious or charitable purposes and it is not a case where the business is conducted on behalf of a religious or charitable institution. this court observed that it was settled law that a business itself can be held under trust for religious or charitable purposes and that the income derived from such a business will fall within the ambit of the ..... the contention raised by the department that such an income received by the assessee would be governed by the proviso as well and thus brought back into the net of taxation. in cit v. dharmodayam co. : [1977]109itr527(sc) , the supreme court considered the case of the assessee after the income-tax .....