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C.P. Jose and ors. and Sanjo Poultry Farm Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2005]139STC15(Ker)

..... the special government pleader also submitted that the provisions of section 3 as it stood prior to its amendment by the kerala finance act, 2003 used the expressions 'the rates specified' but the said expressions were changed by the finance act, 2003 by using the expressions 'the tax payable' only for the purpose of including the additional sales tax applicable as per section 5d along with the schedule rate. ..... of section 3 as it stood prior to the amendment of the said section by the finance act, 2003 the rate of tax to be fixed by the government by notification for the purpose of section 3 cannot exceed the rate of tax specified for the goods in the first schedule to the kgst act which means the additional tax leviable under section 5d of the kgst act could not have been reckoned for fixing the rate of entry tax but by virtue of the amendment made to section 3 by the finance act, 2003 additional sales tax under section 5d of the kgst act can also be reckoned for determining the schedule rate. .....

Mather and Company Pvt. Ltd., Kochi, Rep. by Its Managing Director K.M ...

Court : Kerala

Reported in : 2012(3)KLT41(SN)(C.No.43)

..... while so, there was an amendment to kvat act, 2003 as per the kerala finance act, 2007 (act 15 of 2007)-whereby two new provisos were added to section 8(a)(iii) which read as follows: provided further that this sub-clause shall not be applicable to any works taken up after 31st march, 2005 as a subsequent part of phase of the original work for which option had been filed under sub-section (7) or (7a) of section 7 of kerala general sales tax act, 1963 (15 of 1963). ..... constitutional validity of the newly introduced proviso to section 8(a) (iiii) of the kerala value added tax act, 2003 (hereinafter referred to as act) by the finance act 2007 (act 15/2007) published in the official gazette of the state of kerala dated 28.07.2007, taking away the benefit of the lesser rate of compounding, being availed by the petitioners with retrospective effect from 01.04.2005,is the main challenge in both the writ petitions. 2. ..... the newly introduced provisos to section 8(a)(iii) of the kerala value added tax act, 2003 by the finance act, 2007 (act 15 of 2007) published in the official government gazette dated 28.7.2007 is unconstitutional and arbitrary. 2. .....

Jose Vs. Assistant Commissioner (Assessment)

Court : Kerala

Reported in : 2010(1)KLT816

..... the challenge made in this batch of writ petitions/writ appeal is against the amendment brought out to section 6(1)(f) of the kerala value added tax act, 2003 as amended by the kerala finance act, 2006 (act 22/2006). ..... kerala finance act, 2006 was passed on 24.10.2006. ..... the learned single judge dismissed the writ petition on the basis of the submission made by the learned government pleader that the bills proposing to amend the various fiscal statutes were presented in the form of finance bill on 1.7.2006, wherein it was provided that the tax proposals contained therein will have effect from 1.7.2006 and though the act was enforced only on 24.10.2006 everyone knew that the revised proposals will have effect from 1.7.2006 in view of the specific clause contained in the finance bill. ..... it was observed that it is well settled that the finance act, though passed later, can be given effect from the date of presentation of the finance bill, containing the proposals for taxation. ..... now that tax had been increased under the kerala general sales tax act, the total tax would have been rs. ..... he is a building contractor and is an assessee under the kerala value added tax act (vat act). ..... it is conceded that there was no proposal as stated earlier and it is only after the finance bill was referred to the special committee and after discussion, some recommendations were made and finally, the act was passed incorporating the provision under challenge with retrospective effect. .....

Azam Laminators (P) Ltd. Vs. the Secretary to Govt. and anr.

Court : Kerala

Reported in : 2008(2)KLJ572

..... . the high court has failed to consider the effect of the omission of the figure '3808' by kerala finance act, 2006 ..... it is further contended that under the rules of interpretation of schedules, classification under the customs tariff act, 1975 and hsn numbers should be taken as the guideline and the commissioner failed to consider the rules of interpretation of the schedules to the kvat act, 2003 while passing the impugned order. ..... 2 of the third schedule to the kerala value added tax act, 2003 (in short 'kvat act') or under entry 75(2) of s.r.o. no. ..... they also produced the clarification issued under section 59(4) of the karnataka value added tax act, 2003 that the product is taxable at 4% as per entry 7 of the third schedule to the karnataka value added tax act, 2003.2. ..... . commissioner, commercial taxes 2008 (2) klt 604 sc arising from the kvat act while considering the question of clarification of mosquito repellants, the supreme court held as follows:the important point which we need to stress is that neither the commissioner nor the high court has considered the rules of interpretation of the schedules to the kerala vat act, 2003 .....

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

Court : Kerala

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

..... 44/2006sub: kerala finance act, 2006 - amendments under kgst act, 1963 and kvat act, 2003 - payment of tax at compounded rate - dealers in foreign liquor and cooked food - instructions - issued - reg.as per the kerala finance act, 2006 certain amendments were made in section 7 of the kgst act and in section 8 of the kvat act, 2003 whereby certain changes were made in the provisions for payment of tax at compounded rate by dealers in foreign ..... since this has led to a fall in revenue in some cases, i propose to amend this scheme by adding the stipulation that they may do so at the present compounding rate or at 125% of the highest of the turnover tax paid or payable for any of the previous three years, whichever is higher.the proposal so made was given effect in the kerala finance act, 2006 which was published in the official gazette dated 24-10-2006 and the amended provisions on turnover tax were made effective with effect from 1 -7-2006. ..... 2006 and further to declare that the petitioner are entitled to pay tax at the rate prescribed in clause (a) of section 7 of kgst act on the turnover of foreign liquor calculated at the rates mentioned under clause (a) or (b) as the case may be of the purchase price of such liquor and lastly to declare that the amended provisions of section 7(a) or (b) of kgst act have no retrospective operation in the case of those who have paid compounded tax for the assessment year 2006-07 before the provisions were amended by the kerala finance act, 2006. .....

The Commissioner of Income-tax Vs. Synergy Financial Exchange Ltd.

Court : Chennai

Reported in : (2006)205CTR(Mad)481; [2007]288ITR366(Mad); (2006)4MLJ1411

..... is therefore not permissible in law to take a liberal view or lenient approach to give retrospective effect to the deletion of second proviso to section 43b of the act so as to apply the same to the assessment year 1994-95, particularly when there is no indication in the finance act, 2003 from the language used and from the object indicated that the legislature intended expressly or by implication that the second proviso to section 43b was deleted to cure an acknowledged evil for the benefit of the community as a whole or to remove any such hardship, nor there is any express provision ..... in the statute that such deletion of second proviso to section 43b of the act will have any retrospective ..... applying the above test to the facts of the present case, we are of the view that it is not possible to hold that without the aid of the subsequent finance act, 2003 by which the second proviso to section 43-b was omitted, the unamended provision of section 43-b would allow the deduction of payment of provident fund ..... the kerala high court in .....

Federal Bank Ltd. and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : [2007]137CompCas44(SC); 2007(2)CTC848; JT2007(5)SC91; 2007(3)KLT106(SC); 2007(4)SCALE613; (2007)4SCC188; (2007)6VST736(SC); 2007AIRSCW2411

..... before us it was urged on behalf of banks (appellants) that although by the kerala finance act, 1998 the definition of the word 'dealer' under section 2(viii) of the 1963 act stood expanded so as to include banks, the said act was still not applicable to 'sale' of pledged ornaments as the said transaction did not take place in the course of banking business in terms of section 2 (xxi). ..... we also find merit in the contention advanced on behalf of the department (respondents herein) that the very object of the kerala finance act, 1998 was to introduce clause (g) in section 2 (viii) in order to get over the judgments of the high court which took the view that sale of pledged goods did not fall in the course of banking business. ..... 1169 of 2000 in the kerala high court challenging the validity of section 2(viii)(g) of the 1963 act as also the notices issued by the department pursuant to the kerala finance act, 1998 directing federal bank to file returns and pay tax on sale of pledged articles.3. ..... by the impugned judgment dated 3.4.03 it was held that in view of the kerala finance act, 1998 under which the definition of the word 'dealer' is expanded to cover banks, the department was right in seeking to cover the transactions of auction sale of pledged gold articles. ..... 6459 of 2003 filed by federal bank ltd. .....

Raju Jacob Vs. Sales Tax Officer

Court : Kerala

Reported in : 2006(1)KLT788

..... amendment was brought to section 7(1)(a) of the act by the kerala finance act, 2002 applicable for the year 2002-2003 by enhancing the compounding fee payable under the main section 7(1)(a) from 150% to 200% of the tax paid for the preceding year. ..... rule 30 of the kerala general sales tax rule s stipulates that every dealer who is eligible to pay tax at compounded rate under section 7 of the act and who desires to exercise the options provided for under the said section may apply to the assessing authority concerned for permission to pay tax at the rates specified therein in form 21 on or before the first day of may of the year to which the option relates. ..... second proviso to section 7(1)(a) which existed till 2001-2002 was deleted by the finance act 2002 with effect from 2002-2003. ..... builders association of india (1997) 104 stc 134 examined the scope of section 5(1)(iv), 7(7), (7-a), (11), (12) of the kerala general salestax act and held that the alternate method of taxation provided, therein is optional. ..... tax at the compounded rate payable every year is based on the liability for the previous year and there has been progressive increase in payment of tax at compounded rate for every year as provided by the relevant finance act. ..... assessee in this case having opted for payment of tax at the compounded rate as provided under section 7(1)(a) of the kerala general salestax act, 1963 wanted to withdraw the option under section 5 of the act. .....

State of Kerala Vs. M/S. S.D. Pharmacy and Another

Court : Kerala

..... even though the first appeal was dismissed, the tribunal on second appeal held that since the amendment by kerala finance act, 2004 adding the term "brand name" under clause (vi aa) to section 2 of the act came into force only in the next year (i.e. ..... it is against this order of the tribunal, the state has filed this revision case contending that assessment for 2003-04 is sustainable under sub section (2) of section 5 of the act as originally introduced in 1998 and the amendment made by finance act, 2004 is only clarificatory. ..... even though the assessee has not produced the tribunal's order or challenged the same in the wp(c), during hearing learned counsel sought our permission to challenge the findings rendered by the tribunal with reference to the year 2004-05 while disposing of the appeal for the assessment year 2003-04, which is the subject matter of the tax revision case filed by the state. ..... when the assessment was taken up for the year 2003-04, the assessing officer rejected the second sale exemption claimed by the assessee and made assessment treating assessee's sales in brand name as the first sales under section 5(2) of the act. ..... their further contention is that "trade mark" is an independent word covered by the original section and therefore, sale under trade name justifies assessment for the year 2003-04. ..... 2004-05), assessment for the year 2003-04 is not tenable. .....

Morepen Laboratories Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2005)95TTJ(Chd.)404

..... original claim, the same cannot be allowed to the assessee in its revised claim of depreciation filed during the reassessment proceedings before the ao.2.7 we have considered these submissions of the assessee but the fact remains that in case the assessee is legally entitled to claim depreciation in the assessment framed by the ao on the directions of the cit(a) issued under section 263 of the act, only then the same can be allowed to the assessee irrespective of the fact whether the ao has rightly allowed the part depreciation on the basis of the revised computation filed by the assessee during the course of assessment ..... 5 inserted by the finance act, 2001, as the same should be deemed to have taken effect from the retrospective effect and so even during the assessment proceedings for the asst. yr. ..... on going through this order (supra) of the tribunal, we find that this is not applicable to the facts of the instant case of the assessee, whereas on the other hand, the decision of the hon'ble kerala high court in the case of (1) cit v. ..... (2003) 261 itr 721 (ker) & (2) cit v. ..... (2003) 261 itr 721 (ker) that expln. ..... , 2003, in appeal no. .....