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Controller of Estate Duty, Gujarat Vs. Lilavati Muljibhai

Court : Gujarat

Reported in : [1979]117ITR831(Guj)

..... we do not think that this observation supports the case of the revenue for two reasons: in the first place, the entire observation is not taken into consideration by the learned advocate for the revenue, and, in the second place, the question which the division bench of the kerala high court was called upon to consider was: what is the meaning of the word 'accrue' in s. ..... act in order to appreciate the opinion of the division bench of the kerala high court in its proper perspective, we must read the observation relied upon by the learned advocate for the revenue in its context. ..... ced : [1971]81itr745(ker) , where the question before the kerala high court was, where the value of a particular cash amount representing the balance in the drawing account, of the wife and children of the deceased inclusive of the property, was liable to be included in the taxable estate of the deceased. ..... ced : [1967]63itr497(sc) : 'the crux of the section lies in two parts: (1) the donee must bona fide have assumed possession and enjoyment of the property, which is the subject-matter of the gift, to the exclusion of the donor, immediately upon the gift, and (2) the donee must have retained such possession and enjoyment of the property to the entire exclusion of the donor or of any benefit to him, by contract or otherwise...... ..... 750): 'in section 34(4) (section 6(5) of the british finance act of 1894), the word used is 'accrue'. .....

Commissioner of Income-tax Vs. Drapco Electric Corporation

Court : Gujarat

Reported in : [1980]122ITR341(Guj)

..... it is true that the kerala high court, though it has taken the view that the explanation enacts a rule of evidence and is, therefore, a part of the procedural law, it cannot still be applied to cases governed by section 271(1)(c) as it stood prior to its amendment by the finance act, 1964, because the procedural amendment was closely and inextricably linked up with the change simultaneously introduced in section 271(1)(c), viz. ..... however, by the finance act, 1964, two changes were brought about, so far as section 271(1)(c) is concerned; first, the word 'deliberately' preceding the expression 'furnished inaccurate particulars of such income' was deleted and, secondly, the explanation was added. ..... then, there is the explanation to section 271(1)(c), which was introduced by the finance act, 1964, which at the material time read as follows:'explanation. ..... we are only referring to this authority for the limited purpose of showing that the kerala high court has also taken the same view as regards the nature and content of this explanation as we have done.40. .....

Nimmy.V. Vs. DevadharA.S

Court : Kerala

..... 1959 was amended by the kerala finance act, 2011 drastically reducing the stamp duty for partition decree. ..... serial no.42 in the schedule under the kerala stamp act, 1959 applies to partition decree passed by court as well.2. ..... the kerala stamp act. ..... 4439 of 2012 = = = = = = = = = = = == = = = = dated this the 19th day of december, 2012 judgment it is trite law that stamp duty is leviable according to the stamp act in force at the time of passing of the final decree. ..... in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh wednesday, the 19th day of december 2012 28th agrahayana 193 op(c).no. ..... extend the benefit of section 14 of the limitation act since the petitioner was prosecuting this original petition. ..... i permit the petitioner to apply for review of the order in the light of the dictum in ahamed's case supra. ..... 59 of 2003.exhibit p2- true copy of the order dt. ..... this op (civil) having come up for admission on 19-12-2012, the court on the same day delivered the following: op(c).no. ..... the motion, if any, made by the petitioner shall be considered by the court below within two weeks therefrom. ..... the final decree in the instant case was passed on 30-6-2012 long after the amendment on 19-7-2011. ..... 4439 of 2012 (o) -------------------------- os.59/2003 of principal sub court, kollam petitioner: ----------- nimmy.v. ..... the amendment came into force with effect from 19-7-2011 whereunder the maximum stamp duty leviable is only rs.1,000/- (rupees one thousand only). .....

Cc and ors. Vs. Abdull Habib Khan and Vice-versa

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2005)(98)ECC494

..... the contention of the revenue is that these cases come under the exception contained in proviso to section 92 of finance act, 1998 and as revenue is in appeal pleading for increase of duty liability these settlements would have no effect on the revenue's appeal. ..... this was also confirmed by shri futehally and his service engineer.with regard to import policy, the main evidence was that, though under the import policy, import of the cars was permissible only to nris who had paid for the cars in question from their earnings abroad, in respect of most of the imports, there was no evidence to prove the fact of such payment from foreign earnings, further, many stated that they had not made any ..... ), 2002 (145) elt 266 (sc)] has upheld the decision of the kerala high court. ..... bulchandani brought to our notice that the above decision of the kerala high court was carried in appeal and the apex court by its judgment dated 27.9.2002 in civil appeal no. ..... union of india, 2003 (159) elt 3 (bom), the penalties on shri futehally and importers would not be affected by the said settlements under kar vivad samadhan scheme as offences of shri futehally and importers are different from the offence of the buyers. .....

Nutan Warehousing Co. (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2007)106TTJ(Pune.)137

..... to stop such evasion, section 40a(2) was inserted by the finance act, 1968 with effect from 1st april, 1968.42. ..... business income or income from house property, held that each case had to be decided on its own facts and circumstances, that when the asset is in the nature of land or building, the income derived by the assessee by renting out the same would fall under the head 'income from house property', that in such cases it is not the factum of his business or commercial activity which brings income to him but it is his investment in property or his ownership of property ..... court, after discussing the decisions of the madras high court, the bombay high court and supreme court, observed that what was to be seen was the primary object of the assessee while exploiting the property, that if the main intention was to let out the property or any portion thereof, the same must be considered as 'income from house property', and that if it was found that the main intention was to exploit the immovable property by way of complex commercial activities in that ..... the kerala high court observed as under: ...section 40a(2)(b) of the act clearly provides for disallowance of amounts which the assessing authority considered to be in excess of the requirements of the ..... (supra), which was confirmed by the supreme court (2003) 263 itr 143 (sc) (supra), submitted that the leasing of the property involved complex commercial activities and therefore the receipts from leasing should be assessed as ' .....

Bejgam Veeranna, Venkata Narasimhulu and ors. Vs. State of Andhra Prad ...

Court : Andhra Pradesh

Reported in : AIR1981AP350

..... the government of kerala issued a notification dated 14-8-1963 under 1963 finance act authorising the various revenue officials, including the taluk tahsildars, to exercise the powers of a tax ..... in the income-tax officer's case, (supra), section 4 of the finance act, 1963 substituted a new definition for the original definition of tax recovery officer' in the income-tax act, 1961 and also provided that the new definition shall be deemed always to have ..... is just another private litigant.....whatever the form in-which the government functions, any one entering into arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority'.it was observed in howell's case (1951 ac 837) (supra) in refutation of the promissory estoppel in public law that 'the illegality of act is the same whether or not the actor has been misled by an assumption of authority on the part of a government officer, however high ..... description of this doctrine :'when one party has, by his words or conduct, made to the other a clear and unequivocal promise or assurance which was intended to affect the legalrelations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the one who gave the promise or assurance cannot afterwards be allowed to revert to their previous legal relations as if no such promise or assurance had been made by him, but he must .....

Surabhi Steels Pvt. Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2001]123STC491(Ker)

..... they point out that the original section 4(2) of the act had been deleted, and the present section 4 conferred benefits only on dealers, and the notification was taking note of the impact of amendment brought by section 9 of the kerala finance act, 1996.17. ..... no, 263 of 1998 is in the following terms :'in exercise of the powers conferred by section 12 of the kerala tax on entry of goods into local areas act, 1994 (15 of 1994) the government of kerala, having considered it necessary in the public interest so to do, hereby make an exemption in respect of the tax payable under section 3 of the said act by the importers in respect of cement or iron and steel imported by them for use as raw materials in the manufacture of other goods, subject to the condition that the goods in respect of which exemption is claimed is purchased inter-state by issuing 'c' forms and manufactured ..... product thereof is liable to sales tax either under the kerala .....

Commissioner of Income-tax Vs. Oil India Ltd.

Court : Kolkata

Reported in : [1992]196ITR366(Cal)

..... up with that of the crude of the assessee-company itself and it was not possible to treat the income received from transportation of the crude oil of ongc separately from the assessee-company's own business and that the income derived by it from the transportation of the said oil was clearly attributable to the 'priority industry' and as such the relief under section 80-i was allowable to the assessee-company in respect 'of the income derived by it from the said business including the income received on account of the transportation of the crude oil of ongc ..... section 40(a)(v) was inserted by the finance act of 1968, with effect from april 1, 1969. ..... the full bench differed from the view of the division bench of the kerala high court in travancore tea estates co. ..... the reasoning of the division bench of the kerala high court in travancore tea estates co. ..... the matter came up before the full bench of the kerala high court which is in cit v. ..... it was also urged that expenses incurred on the repairs and maintenance of bungalows were completely excludible for working out the disallowable amount under section 40(a)(v) as held by the kerala high court in the case of travancore tea estates co. ..... construing the above provision, it was pointed out by the kerala high court in cit v. .....

Cosmopolitan Hospital Pvt Ltd Vs. Intelligence officer

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. .....

George Williamson (Assam) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)37ITD392(Gau.)

..... section 35b itself was introduced in the statute by the finance act 1968 with effect from 1 -4-1968 ..... ponnoave [1970] 75 itr 174 the hon'ble supreme court had occasion to deal with section 4 of the finance act, 1963 which was substituted by a new definition of "tax recovery officer" ..... stated earlier, the assessee claimed weighted deduction under section 35b which was introduced in the statute with effect from 1-4-1968 by the finance act 1968. ..... it was vehemently urged that the cit(a) in the present case went wrong in rejecting the assessee's claim relying on the decision of the tribunal on the issue regarding applicability or otherwise of the action of the cit under section 263.in that order the tribunal did not decide as to from which date the said rule would come into effect and, therefore, it was totally unjustified for the cit(a) not to grant the assessee the relief to which it was ..... that on the facts and in the circumstances of the case the learned cit(a)erred in holding that simultaneously with power given under the provisions of section 35(1)(b)(a)of the act to prescribe other activities for the promotion of sale outside india of goods, services or facilities the rule making authority was by implication also given the power to prescribe time limit for operation of the provisions of the said section. ..... the kerala government issued a notification dated 14-8-1963 which was published on 20-8-63 and authorised such revenue officers to exercise the powers of a tax recovery officer .....