Court : Supreme Court of India
Reported in : (1991)95CTR(SC)26; [1991]187ITR308(SC); 1991Supp(1)SCC209
..... appeal by certificate under section 261 of the income-tax act, 1961, and under article 133 of the constitution is directed against the judgment of a division bench of the high court of kerala dated april 11, 1975, holding that the appellant was not entitled to the benefit of section 80g of the income-tax act, 1961, in respect of the donations made by him in the previous years.2. ..... therefore, agree with the view taken by the kerala high court. ..... appears that, in view of the conflicting opinions expressed by the various high courts, parliament intervened and added explanation 5 to section 80g by the finance act, 1976. ..... the act provides for assessment of tax on the income derived by an assessee during the assessment year ; the income relates to the amount of money earned or received by an ..... [1973]91itr166(kar) , courts have taken the view that, while interpreting section 80g(2)(a), the substance of the nature of the transaction should be taken into account and it is not necessary that the donation must be in cash. ..... since the expression and language used in section 80g(2)(a) is plain and clear, it is not open to the courts to enlarge the scope by its interpretative process founded on the basis of the object and purpose underlying the provision for granting relief to an ..... on appeal, the appellate assistant commissioner directed the income-tax officer to call for the relevant receipt and, if satisfied with the admissibility of the deduction claimed, to grant the deduction according to .....
Tag this Judgment!Court : Kerala
Reported in : (2008)11VST84(Ker)
..... , the validity of the provision of section 14a of the kerala general sales tax act, 1963 (for short 'the act') as introduced with effect from april 1,1998 by the kerala finance act, 1998 (act no. ..... the deputy commissioner of the respective districts has passed orders suspending the registration of the petitioners both under the kgst act and central sales tax act, 1956 on the ground that petitioners had caused obstruction in the matter of conduct of inspection/search by the sales tax department as provided in section 28(4) of the kgst act as also under section 9(2) of the cst act read with section 14a of the act. ..... he further submits with reference to various decisions of the supreme court the provision of the section 14a of the act is absolutely necessary for the effective administration of the sales tax law and to prevent obstruction to the conduct of inspection by the officers of the sales tax department as contemplated under section 28 of the act.4. ..... mohammed kutty, learned counsel appearing for the petitioners in all these cases contended that section 14a of the act is really an inroad into the fundamental right of the petitioners to carry on their business and that the provision does not contain any safeguards to the petitioners. ..... in view of the fact that impugned orders are quashed in the circumstances stated above, it is unnecessary for me to decide the question regarding the validity of section 14a of the act in these cases. .....
Tag this Judgment!Court : Chennai
Reported in : (2006)205CTR(Mad)481; [2007]288ITR366(Mad); (2006)4MLJ1411
..... as per the first proviso to section 32(1) of the act, which was in force during the assessment year in question and omitted by finance act, 1995, with effect from 1.4.1996, where the actual cost of any machinery or plant does not exceed five thousand rupees, the actual cost thereof shall be allowed as a deduction without any restriction, in respect of the previous year in which the machinery or plant is first put to use by the company for the purpose of its business or profession.3.3. ..... similarly, the assessing officer also disallowed the contributions made by the assessee toward provident fund under section 43b of the income tax act (for brevity 'the act') on the ground that the payments made by the assessee after the due date under the relevant statute, viz. ..... 1959 & 1696/mds/1997 raising the following questions of law:(i) whether on the facts and in the circumstances of the case, the appellate tribunal is right in law in holding that the assessee is entitled to 100% depreciation under section 32(1)(ii) of the income-tax act, 1961 on gas cylinders and spindles? ..... referred supra, in the case of printing cylinders, which are mainly used in the printing industry, held that, the matter to be printed using the printing cylinders are screwed on to these cylinders and then prints are taken and therefore the printing cylinders were being used as part of the plant within the definition of section 43(3) of the act. ..... : [2003]264itr269(mad) considered the decision in first leasing co. .....
Tag this Judgment!Court : Kerala
..... section 28a of the act which was inserted by the kerala finance act, 1994 empowers the revenue divisional officer to fix the fair value of the lands situate within the area of his jurisdiction for determining the stamp duty chargeable at the time of registration of instruments involved in lands. ..... a view similar to the one taken by the apex court in the aforesaid case was taken by a division bench of this court in district collector, trivandrum v ittiyavira john and another (1975 klt 486) where article 21 of the kerala act as it stood then which corresponded with article 23 of the central act was considered. ..... on the other hand the kerala stamp act empowers the district collector to hold an independent enquiry and to determine the value or the consideration as well as the duty payable; it was argued by the learned government pleader. ..... the value set forth in the instrument is rs.1,61,645/-.for determination of deficit stamp duty, reference under section 45b of the kerala stamp act, 1959 (hereinafter referred to as the 'act') was made by the third petitioner to the second petitioner. ..... there, a deed of conveyance executed by the respondent for consideration of rs.3500/- was stamped for the purpose of stamp duty under article 21 of the kerala stamp act on the amount or value of consideration at the rate specified in the article. .....
Tag this Judgment!Court : Kerala
..... in the appeals and the stay petitions reliance was placed on the the sixth proviso to section 6(5) of the kvat act, which was given retrospective effect from 01/04/2005 by virtue of the provisions of the kerala finance act, 2012. ..... exts.p1 and p2 are the assessments completed under section 25(1) of the kvat act for the years 2009-10 and 2010-11. ..... in the high court of kerala at ernakulam present: the honourable mr.justice antony dominic thursday, the 10th day of january 2013 20th pousha 193 wp(c).no. ..... pleader smt.shoba annamma eapen this writ petition (civil) having come up for admission on 10-01-2013, the court on the same day delivered the following: kss wpc.no.435/2013 d appendix petitioner's exhibits: ext.p1: true copy of the order of assessment order no.32522020210/2009-10 dated 8 3.2011 issued by the 1st respondents. ..... 435 of 2013 ================== dated this the 10th day of january, 2013 judgment petitioner challenges ext.p8 conditional order of stay passed by the appellate authority granting stay on condition that the petitioner remits 50% of the tax due under exts.p1 and p2 and furnish security for the balance. ..... ext.p4: true copy of the appeal filed by the petitioner before the 1st respondents for the year 2010 2011 dated 17 01.2012. ..... ext.p3: true copy of the appeal filed by the petitioner before the 1st respondents for the year 2009 2010 dated 17 01.2012. ..... ext.p5: true copy of the stay petition filed by the petitioner for the assessment year 2009 2010 dated 6 11.2012. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
..... the facts and circumstances of the case and in law, the learned cit (a) erred in directing ao to recompute the deduction under section 80hhc by taking the turnover of the taxable division only on "standalone" basis and ignoring the turnover of the other division without considering the provision of the section 80ab of the act which talk about the gross profit of assessee and not of the division ..... 216 itr 607 held that though on the first impression the expression "profits or gains chargeable" appears to refer only to profits or gains of business or profession chargeable under section 28 in view of the said decisions, the said expression is not so confined and it refers to income from all the heads of income specified in section 14 f the act, which includes income from other sources". ..... the facts and circumstances of the case and in law, the learned cit (a) erred in directing ao to allow the deduction under section 80hhc of rs.1,23,80,610 while computing the book profit under section 115jb of the act, inspite of the fact that deduction under section 80hhc computed under clause (a), (b) and (c) of sub section (3) or sub section 3(a) is nil as provided under section 115jb of the act ..... assessee is a limited company engaged in the business of manufacturing and exports of textiles and other goods and also engaged in services like leasing, financing, money lending and borrowings, bill discounting, financial consultancy services and is a dealer in foreign exchange and is also engated in .....
Tag this Judgment!Court : Kerala
..... section 40 is amended by the kerala finance act, 2008 and a proviso is included permitting dealers to use electronic billing and accounting, subject to such restrictions as it ..... accordingly, the kerala value added tax rules, 2005 (for short the "kvat rules") also have been ..... the cd is admissible as an evidence under the general provisions of law, based on the amendment to the definition of 'evidence' under section 3 of the indian evidence act, 1872 read with section 2(t) of the information technology act, ..... the petitioner impugns exts.p8 to p8(b) orders of penalty under the kerala value added tax act, 2003 (for short, the "kvat act ..... the learned counsel for the petitioner, sri.s.anil kumar would argue that the dealer is permitted to use electronic billing and accounting under the proviso to section 40 of the kvat act but, non verification of the accounts produced in electronic means has resulted in imposition of ..... if the dealers have intimated use of electronic means in advance and they have maintained the accounts as stipulated under sub rule 20a(a) of rule 58 of the kvat rules, necessarily, the authority has to accept it and cannot ignore such accounts in any proceedings initiated for the purpose of verifying the accounts ..... no.17294 of 2015 ----------------------------------- dated this the 25th day of june, 2015 judgment the short question in this writ petition revolves around reliance of the accounts by electronic means, by the petitioner-dealer, for the purpose of accounting.2. .....
Tag this Judgment!Court : Kerala
..... section 40 is amended by the kerala finance act, 2008 and a proviso is included permitting dealers to use electronic billing and accounting, subject to such restrictions as it ..... accordingly, the kerala value added tax rules, 2005 (for short the "kvat rules") also have been ..... the cd is admissible as an evidence under the general provisions of law, based on the amendment to the definition of 'evidence' under section 3 of the indian evidence act, 1872 read with section 2(t) of the information technology act, ..... the petitioner impugns exts.p8 to p8(b) orders of penalty under the kerala value added tax act, 2003 (for short, the "kvat act ..... the learned counsel for the petitioner, sri.s.anil kumar would argue that the dealer is permitted to use electronic billing and accounting under the proviso to section 40 of the kvat act but, non verification of the accounts produced in electronic means has resulted in imposition of ..... if the dealers have intimated use of electronic means in advance and they have maintained the accounts as stipulated under sub rule 20a(a) of rule 58 of the kvat rules, necessarily, the authority has to accept it and cannot ignore such accounts in any proceedings initiated for the purpose of verifying the accounts ..... no.17294 of 2015 ----------------------------------- dated this the 25th day of june, 2015 judgment the short question in this writ petition revolves around reliance of the accounts by electronic means, by the petitioner-dealer, for the purpose of accounting.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1217; (1987)61CTR(SC)269; [1987]166ITR102(SC); JT1987(2)SC157; 1987(1)SCALE816; (1987)3SCC516
..... according to the allahabad high court in that decision, section 297(2)(a) provided for completion of assessment in accordance with the old act where the return was filed before the commencement of the 1961 act but section 297(2)(b) of the act provided for completion of assessment in accordance with the provision of the new act where the return was filed even in respect of years covered by the 1922 act, after 31st march, 1962. ..... assessee sustained any loss of profits or gains in any year, being a previous year not earlier than the previous year for the assessment for the year ending 31st day of march, 1940, in any business, profession or vocation, and the loss could not be wholly set off under sub-section (1) of section 24 of the said act, so much of the loss as was not so set off or the whole loss where the assessee had no other head of income would have been carried forward ..... the tribunal held that the right to carry forward the losses relating to the assessment years 1960-61 and 1961-62 was governed by the indian income-tax act, 1922 (hereinafter called the '1922 act') and the section 75(2) of the income-tax act, 1961 which was applicable to the assessment year 1960-61 had no application in the facts of this case. .....
Tag this Judgment!Court : Kerala
Reported in : [1985]59STC374(Ker)
..... in this revision filed under section 41 of the kerala general sales tax act, 1963 (the act) read with rule 41 of the kerala general sales tax rules, 1963 (the rules) the following question of law arises for determination :whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding, that the assessee is entitled to exemption under rule 9(g) of the kerala general sales tax rules in view of the decision rendered in t.r.c. no. ..... the assessee claimed exemption from tax under rule 9(g) of the kerala general sales tax rules, contending that what had been sold were the separate businesses carried on by a common certificate of registration under his sole proprietorship and that the sales were as a running concern and the purchasers had taken over all the assets and liabilities of the concern as on the date of sale. ..... total turnover is defined in section 2(xxvi) of the act to mean 'the aggregate turnover in all goods of a dealer at all places of business in the state, whether or not the whole or any portion of such turnover is liable to tax... .....
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