Court : Supreme Court of India
Reported in : (1996)134CTR(SC)167; JT1996(5)SC254; (1996)9SCC33
..... . it is, therefore, not possible for us to agree with the reasoning of the full bench of the kerala high court - which has been adopted in the judgment under appeal -that where an assessment is made on the firm, the firm alone is the assessee and that any default in paying the tax assessed is that of the firm alone ..... :(1) where a decree has been passed against a firm, execution may be granted: (a) against any property of thepartnership; (b) against any person who has appearedin his own name under rule 6 orrule 7 of order xxx or who hasadmitted on the pleadings that heis, or who has been adjudged to be,a partner; (c) against any person who has beenindividually served as a partner witha summons and has failed to appear; provided that nothing in this sub-rule shall be deemed ..... commissioner of income tax, kerala : [1979]120itr49(sc) and the provisions of the partnership act. ..... . in point of law, a partner may be the debtor or the creditor of his co-partners, but he cannot be either debtor or creditor of the firm of which he is himself a member, nor can he be employed by his firm, for a man cannot be his own employer.9 ..... (1976) 105 i.t.r. .....
Tag this Judgment!Court : Delhi
Reported in : [1971]81ITR500(Delhi)
..... the transaction resulted in excess realization over the written down value of the machinery to the firm, and the liability to tax, if any, arising under the act could not be avoided merely because in consequence of the transfer the interest of the partners in the machinery was substituted by an interest in the shares of the company which owned the machinery. ..... the material parts of sub-sections (1) and (2) of section 12b of the act at the relevant time read as under : '(1)the tax shall be payable by an assessed under the head 'capital gains' in respect of any profits or gains- arising from the sale, exchange or transfer of a capital asset effected after the 31st day of march, 1946; and such profits and gains shall be deemed to be income of the previous year in which the sale, exchange or transfer took place:.............. ..... good-will, it is well-established, is the advantage which is acquired by a business, beyond the mere value of the capital, stock, fund or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers. ..... kharwar : [1969]72itr603(sc) , noted the above conflict of view and expressed their disapproval of the view expounded by the bombay, calcutta, madras and kerala high courts. ..... : [1963]47itr565(cal) , the kerala high court in commissioner of income-tax v. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi130; [1973]90ITR219(Delhi)
..... 's laws of england (hailsham edition), volume 22, page 133, para 221, to the following effect:- 'whenthe contract of service is an entire contract, providing for payment on the completion of a definite period of service, or of a definite piece of work, it is a condition precedent to recovery of any salary or wages in respect thereof that the service or duty shall be completely performed, unless the employer so alters the contract as to entitle the servant to regard it at an end, in which case the whole sum payable under the contract becomes due, or unless there is a usage that ..... so, whether the employer's contribution was a perquisite within the meaning of section 7(1) of the act and thus taxable depended upon when the vested right was acquired by the employees. ..... sharma, the learned counsel for the revenue, urges that inasmuch as the resolution of the company evidenced by the minutes of the meeting of 20th january, 1951, and the directors' report show that the assessed gave up this right to receive salary, commission and bonus only after the close of the accounting year, he is not entitled to claim deductions of these amounts in his return for the relevant assessment year and the amounts are liable to be taxed. ..... kerala and coimbatore vs . l. w. .....
Tag this Judgment!Court : Delhi
Reported in : [1981]132ITR790(Delhi)
..... commissioner of income-tax, : [1973]91itr588(ker) a full bench of the kerala high court while dealing with the case of a firm that was comprised of two brothers as partners and had purchased a house in 1960 which it sold in 1966, opined : 'in view of the specific provisions of the partnership act relating to the property of a firm and the judicial pronouncements on the matter, there cannot be any doubt that a firm is legally competent to own or hold property and also to deal with such property. ..... and immovable property required registration under section 17(1) of the registration act, 1908 observed : 'from a perusal of these provisions it would be abundantly clear that whatever may be the character of the property which is brought in by the partners when the partnership is formed or which may be acquired in the course of the business of the partnership it becomes the property of the firm and what a partner is entitled to is his share of profits, if any, accruing to the partnership from the realisation of this property, and upon dissolution of the partnership to a share in the money representing the value of the property. ..... the employer and the employee, and there could be no contract of service between a firm and one of its partners, as a firm was only an expression for the persons who had agreed to carry on business in partnership. ..... in coming to this conclusion it noted that a contract of employment required two distinct persons viz. .....
Tag this Judgment!Court : Delhi
Reported in : (1998)61TTJ(Del)365
..... 19.5 crores are, thereforee, cancelled and the order of the cit in relation to these two items is modified to the extent that the cit was rightly held that the order of the ao was erroneous and prejudicial to the interest of the revenue as the same was passed without making proper and necessary inquiries in relation to the aforesaid two points and consequently the order of the cit directing the ao to make fresh assessment after proper investigation and after giving due opportunity to the assessed in relation to the aforesaid two items, is upheld. ..... 12(2) of the madras general sales-tax act, 1939, thereforee, does not in any manner support the contention of the learned counsel for the assessee.4.6 the learned counsel for the assessed had placed reliance on the judgment of the honble madras high court in the case of venkatakrishna rice co. vs. ..... 263 for bringing to tax the income which has escaped assessment in the original assessment order.2.3 the learned counsel for the assessed placed heavy reliance of the judgment of honble supreme court in the case of the state of kerala vs. k. m. ..... the revisional jurisdiction can be invoked and employed for the purpose of setting right distortions and prejudice to the revenue which has to be understood in the context of and in the interest of revenue administration. .....
Tag this Judgment!Court : Delhi
Reported in : II(2006)ACC382; 2007ACJ1051; 129(2006)DLT363; 2006(88)DRJ751
..... the present appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to as the act, for short) has been filed by the national insurance company limited, the appellant, against the award dated 16th april, 2004 passed by the learned motor accidents claim tribunal in claim petition/suit no. ..... 665 a-bthe starting point is the amount of wages which the deceased was earning, the ascertainment of which to some extent may depend on the regularity of his employment. ..... in the case of general manager, kerala state road transport corporation (supra), the supreme court held that 1/3rd of the total amount should be deducted towards personal living expenses in absence of any evidence and it was, inter alia, observed as under:-from this has to be deducted his personal living expenses, the quantum of which again depends on various factors such as whether the style of living was spartan or bohemian. ..... that sum, however, has to be taxed down by having due regard to uncertainties, for instance, that the widow might have again married and thus ceased to be dependent, and other like matters of speculation and doubt.9. ..... that sum, however, has to be taxed down by having due regard to uncertainties, for instance, that the widow might have again married and thus ceased to be dependant, and other like matters of speculation and doubt. 8. x x x9. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker88; 1970CriLJ470
..... section 96 of the kerala panchayats act, 1960 provides that the panchayat may with the previous approval of the director notify that no place in the panchayat area shall be used for any of the purposes specified in the rules madein this behalf being purposes for which in the opinion of the government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the executive authority and except in accordance with the 'conditions specified in such license. ..... on the other hand, the levy is admittedly for augmenting the general levenue of the panchayat section 76 of the panchayats act expressly provides that all moneys received by the panchayat shall constitute a fund called the panchayat fund, and that all taxes, duties, cesses, surcharge and fees levied under the act or other law shall be included in the said fund. ..... the rules would show that what is relevant in the grant of permission under the above section is the safety of the establishment and the person employed therein as well as considerations of public health and sanitation. .....
Tag this Judgment!Court : Kerala
Reported in : (1977)6CTR(Ker)35
..... of the kerala panchayats act 1960, are unsustainable as the same were made without complying with the procedural safeguards in respect of the assessment ..... 66a of the kerala panchayats act, 1960, and the kerala panchayats (levy & collection of land cess) ..... inland revenue wherein lord dunedin has said :-'now, there are three stages in the imposition of a tax : there is the declaration oft liability, that is the part of the statute which determines what persons in respect of what property are liable. ..... was also held :-'the constitution does not guarantee that the persons employed to administer the law will not make mistake when exercising the power conferred on ..... the above case the high court of madras held :-'the words 'levy' and collection' are used in article 265 of the constitution of india in a comprehensive manner and they are intended to include and envelop the entire process of taxation commencing from the taxation statute to the taking away of the money from the pocket of the ..... can a demand be made for the tax assessed and will this court interfere with the demand in a proceedings under article 226 of the constitution, in view of article 265 of the constitution of india which says that no tax shall be levied or collected except by authority ..... that every stage in this entire process must be authorised by the law'.the court further held :-'the finality of an assessment under the terms of a taxing statute is not always or necessarily conclusive of the legality of the assessment. .....
Tag this Judgment!Court : Kerala
Reported in : [1965]56ITR193(Ker)
these references are by the kerala agricultural income-tax appellate tribunal, trivandrum, under section 60(1) of the agricultural income- tax act, 1950. ..... for agricultural purposes, and is either assessed to land revenue in the taxable territories or subject to a local rate assessed and collected by officers of the government as such :(b) any income derived from such land by -(i) agriculture, or(ii) the performance by a cultivator or receiver of rent-in-kind of any process ordinarily employed by a cultivator or receiver of rent-in-kind to render the produce raised or received by him fit to be taken to market, or(iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received by him, in respect of which no process has ..... been performed other than a process of the nature described in sub-clause (ii);(c) any income derived from any building owned and occupied by the receiver of the rent or revenue of any such land, or occupied by the cultivator, or the receiver of rent-in-kind, of any .....
Tag this Judgment!Court : Kerala
Reported in : [1973]32STC441(Ker)
..... 90 of 1970 was under section 46(1)(a) of the kerala general sales tax act, for short, the act, for submission of untrue returns, the prosecution in the other two cases, which related to two different years, was under section 46(1)(c) of the act for failure to keep true and complete accounts and section 46(2)(c) of the act for fraudulent evasion of payment of tax. ..... no doubt if the taxing officer comes across two sets of conflicting accounts in respect of the same business, the burden is on the assessee to show that the account showing the larger turnover and profits is not the correct one and in the absence of proper explanation on the part of the assessee, it may be open to the officer to ignore both sets of accounts if he has reason to doubt that both of them are false. ..... the prosecution case is that the entries in the secret books differ widely from those in the account books produced before the officers and that, consequently, the entries in the account books produced before the officers were false and the returns that the accused filed previously before the officers in respect of their sales and turnovers were also false. ..... the ground floor is used by the artisans employed in the firm for manufacture of jewellery. .....
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