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A. Jakkir Hussain, Fathima Spices Vs. Agricultural Income-tax and Sale ...

Court : Kerala

Reported in : [2001]124STC14(Ker)

..... would show, especially referring to section 5(2a) of the kerala general sales tax act, 1963, that no turnover tax would become payable. ..... commodity liable to be taxed only at the point of first sale under entry 30 of the first schedule to the kerala general sales tax act, 1963. ..... this is supported by the order dated may 7, 1991 (exhibit p2) specifying turnover tax liability as 'nil' as far as the petitioner is concerned, although it is ascertained at 1/2 per cent and ..... record, especially exhibits p1 and p2, make it clear that the sales tax have been paid by the petitioner through the auction centres. ..... rounded off) which is the basis of the demand notice in regard to which the situation is already clarified that turnover tax dues are shown to have been 'nil' though calculated at rs. ..... the text of the above statutory provision is referred to and reference to the proviso thereto would clear the position which is to the effect that the turnover tax is attracted only in the case of second sellers whose sales are exempt from tax under the single point scheme of levy. ..... year 1990-91 the petitioner effected taxable sale through auction centres and the auction centres collected tax for the year in question on a turnover amounting to rs. ..... for a period of six years from 1991 down to this date, during the pendency of this petition, would show that the petitioner is a dealer in cardamom being assessee on the files of the agricultural income-tax and sales tax officer, vandiperiyar at kumily (r1). .....

Baby Marine Exports Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1997]225ITR631(Ker)

..... these income-tax references under section 256(1) of the income-tax act, 1961 (hereinafter called 'the act'), are coming up at the instance of the assessee, baby marine ..... the revenue brings to our notice that the decision of the karnataka high court in sterling foods v. ..... fisheries' case : [1995]213itr694(ker) , after placing reliance on the decision of the supreme court in kedarnath's case : [1971]82itr363(sc) :' the principle emanating from the above discussion is that a provision in the accounts made by an assessee following the mercantile system of accounting, for liability to sales tax, (though disputed) is yet liable to be allowed as business expenditure, if there was a bona fide reasonable apprehension on the part of the assessee that the amount ..... context, the following observation of the calcutta high court in cit v. ..... the question the bench marked to this court for decision is as follows :'whether the tribunal is right in holding that considering the sales tax statutes as a whole and the conduct of the assessee there is no valid purchase tax liability for the assessment years 1980-81, 1981-82 and 1982-83 in a case where the sales tax assessments are pending and the sales tax officer has not given any exemption till the date of the ..... the reassessments were completed in this case by the income-tax officer in view of the fact that this court had held that no purchase tax is payable on the purchase of fish or prawns for the purpose of export in view of the decision in neroth .....

V. Mohammed Ismail Rowther Vs. the Sales Tax Officer and anr.

Court : Kerala

Reported in : [1968]22STC410(Ker)

..... under the mysore sales tax act, 1957, sale of these goods was liable to tax under section 5(3)(a) read with entry 7 in schedule ii of the act, at a single point on sale by the first or the earliest of successive dealers in the state. ..... it is reasonable to think however that the petitioners must have discovered their mistake as soon as the high court's decision in the case of mohammed siddique v. ..... the appellant filed a petition in the high court for the issue of a writ of mandamus against the respondents directing them to perform their statutory duty and to refund the amount of rs. ..... the high court dismissed the writ petition. ..... the clause in terms only deals with calculation of the tax-the rate at which and the manner in which the tax has to be calculated-under the state law ; it does not attract any exemptions from tax prescribed by the state law.see also the decisions of this court reported in laxmi starch factory ltd. v. ..... it was held by the supreme court that a petition under article 226 of the constitution of india solely for the issue of a writ of mandamus directing the state to refund money alleged to have been illegally collected by the state as tax was not ordinarily maintainable because a claim for such a refund could always be made in a suit against the authority which illegally collected the money as tax ; that in the absence of statutory provision whereby the tax realised had to be refunded .....

Commissioner of Income-tax Vs. CochIn Chamber of Commerce and Industry

Court : Kerala

Reported in : [1977]110ITR243(Ker)

..... doubtful debts written back164.profiton redemption of investments..2,58,5102,55,486 the question that has been agitated before us is whether the receipts shown under the above heads are entitled to exemption under section 11 of the income-tax act read with section 2, clause (15), of the same, or whether the exemption is to be denied on the ground that the cochin chamber of commerce has been carrying on an activity for profit which would dis-sentitle it to earn the exemption under ..... it reversed and overruled the decision of the kerala high court in commissioner of income-tax v. ..... the exact effect and import of the exemption under section 11 read with section 2(15) of the act was recently expounded by the supreme court in indian chamber of commerce v. ..... cochin chamber of commerce and industry : [1973]87itr83(ker) and affirmed the decision of the calcutta high court in commissioner of income-tax v. ..... in the light of the above principle laid down by the supreme court it is plain, and there was no controversy, that the receipts from : (1) measurement and weighment fees, (2) certificates of origin and other certificates, (3) sampling and survey fees, (4) sale of publications, (5) miscellaneous receipts, (6) profit on sale of fixed assets, and (7) profit on redemption of investments cannot qualify for the exemption under section 2(15) read with section 11 of the act. .....

Aspinwall and Co. Ltd. Vs. Commissioner of Income-tax (No. 2)

Court : Kerala

Reported in : (1996)132CTR(Ker)448; [1996]220ITR617(Ker)

..... in fact the provisions of section 144b of the income-tax act with regard to its procedural character came up for consideration before the madhya pradesh high court in h.h. ..... in a similar situation relating to the initiation of penalty proceedings under the earlier indian income-tax act of 1922--section 28(1)(a), the supreme court in guduthur bros. v. ..... it is in the state of this factual situation that the contention based on the provisions of section 129 of the income-tax act is taken up with the succeeding income-tax officer as to continue the proceedings from the stage at which the proceeding was left by his predecessor. ..... we are unable to accept the process of reasoning because of the inbuilt provisions of the two sections making it clear that the sections came on the statute book for safeguarding the interest of the assessee to the extent that the provisions provide hearing in the matter of there being necessity or expediency to locate situations of escaped assessment. ..... the safeguards relate to the right of hearing on the basis of principles of natural justice statutorily embodied as a consequence. ..... 1) : [1996]220itr611(ker) (decided by us earlier to this judgment), are treated for the purpose of decision by the tribunal as could be done by a common order, on hearing counsel for the parties and considering the questions involved we thought it more convenient and desirable to decide this reference by a separate judgment and accordingly decided in income-tax reference no. .....

Travancore Chemical and Manufacturing Co. Ltd. Vs. Cit

Court : Kerala

Reported in : (1998)150CTR(Ker)256

..... reference application 179/coch/1982 before this court and this court remanded the matter back to the tribunal for considering the contention raised by the assessee that the receipt could be assessed only under section 41(1) of the income tax act and not as a trading receipt. ..... :reference, at the instance of the assessee under section 256(1) of the income tax act, 1961 arises out of a decision of the tribunal, cochin bench in ..... the assessee by way of refund of electricity charges in the subsequent year is taxable in the year under consideration under section 41(1) of the income tax act, 1961?2. ..... this is the view taken by the full bench of gujarat high court in (1992) 105 ctr (guj) 331 : (1992) ..... the value of benefit accruing to him, shall be deemed to be profits and gains of business or profession and accordingly chargeable to income tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made is in existence in that year or not'.a division bench of the gujarat high court took the view in the above case that it must be the obtaining of the actual cash which is contemplated by the legislature when ..... decision of gujarat high court in cit v. ..... the very same high court. ..... the revenue was that since assessee has been following mercantile system of accounting, the refund due, that too, on the basis of a decision of the supreme court has to be fixed on accrual basis even though the same was received in the subsequent year. .....

M/S.Nilkamal Plastics Ltd. Vs. The Assistant Commissioner-I,comm.Taxes

Court : Kerala

..... 1970 (25) stc211, where in the context of imposition of penalty under the orissa sales tax act, the supreme court observed as follows: "under the act penalty may be imposed for failure to register as a dealer : section 9(1) read with section 25(i)(a) of the act. ..... (c).no.19036/2010 2 between the parties attracted the attention of the sales tax authorities in the state, primarily in view of the provisions of section 5(2a) and 5(2b) of the kerala general sales tax act, 1963, hereinafter referred to as the 'kgst act', whereby, as an exception to the general rule with regard to the liability to tax under the kgst act at the point of first sale, it was made clear that in respect of manufactured goods other than tea, which are sold under a trade ..... the order of the high court and the orders of the sales tax authorities imposing and upholding levy of penalty ..... a statement has been filed on behalf of the respondent wherein the stand taken is that the petitioner was fully aware of the legal provisions that ensured that the tax liability in respect of the sale of branded moulded plastic furniture would be on it, and had chosen to claim an exemption in respect of second sales by referring to kaveri pet and ..... the judgment of the high court in respect to the planting subsidy and transport ..... the high court also, in our opinion, committed an error in upholding the ..... in the high court of kerala at ernakulam present: ..... till the judgment of the madras high court, on july 15, 1991, in perambalur sugar mills .....

Guruvayur Devaswom Committee Vs. Income-tax Officer, Trichur.

Court : Kerala

Reported in : (1976)5CTR(Ker)0206A

..... section 11 of the income-tax act provided for exclusion of certain items of income form the total income of the previous year of the person in receipt if such income and sub-section 1 (a) of that section excluded -'income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purposes in india'.and sub-section (b) similarly dealt with income derived from property held ..... the devaswom seeks orders from this court striking down the definition in section 2(24) to the extent voluntary contributions falling within clause ( ..... a par with income received by a similar trust from its property and that means that it is liable to be taxed in case it is not applied for purposes which entitles the trust to claim exclusion of such amount from its income ..... hearing that these are not matters with which i need be concerned now, for, if there is jurisdiction to take up assessment proceedings these are appropriately matters to be taken up by the petitioner before the heirarchy of statutory authorities competent to deal with questions under the income-tax act ..... that the petitioner the guruvayoor devaswon, approached this court evidently with a view to prohibit further proceedings ..... this court in ..... further since the question has been considered by a full bench of this court as indicated earlier. ..... the law of this country is indicated by the expression in accordance with law and the full bench of this court in narayanan nair vs. .....

Federal Bank Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1989]180ITR37(Ker)

..... at the instance of the assessee, the income-tax appellate tribunal has referred the following question of law for the decision of this court:'whether the income-tax appellate tribunal was right in holding that the interest levied on delayed payment of income-tax was not an item of expenditure allowable under section 37(1) of the income-tax act, 1961 ?'2. ..... we are of the view that it is not open to the assessee to place reliance on section 80v of the income-tax act to plead that the interest paid on the delayed payment of income-tax should be allowed as deduction. ..... counsel for the assessee laid stress on section 80v of the income-tax act which was inserted by the taxation laws (amendment) act, 1975, and which was in force till the passing of the finance act, 1985. ..... as per section 80v of the income-tax act, in computing the total income of an assessee, there shallbe allowed by way of deduction any interest paid by him in the previous year on any money borrowed for the payment of any tax due from him under the act. ..... : [1983]144itr936(kar) , the calcutta high court in national engineering industries ltd. v. ..... cit : [1978]113itr252(cal) and the punjab and haryana high court in cit v. ..... there are earlier decisions, on this subject, of the karnataka high court in cit v. ..... we are fortified in this view by a bench decision of the delhi high court in bharat commerce industries ltd. v. .....

Travancore Chemical and Manufacturing Co. Ltd. Vs. Commissioner of Inc ...

Court : Kerala

Reported in : [1999]237ITR821(Ker)

..... of 1982 before this court and this court remanded the matter back to the tribunal for considering the contention raised by the assessee that the receipt could be assessed only under section 41(1) of the income-tax act and not as a trading ..... the supreme court proceeded to observe that section 13 of the indian income-tax act, 1922, is concerned only with the computation of profits of the business of an assessee on the principles of accountancy adopted by ..... applying the above principle, we are of the view that the term 'obtained' used in sub-section (1) of section 41 of the income-tax act, 1961, cannot be given a meaning 'capable of being obtained'. ..... a reference, at the instance of the assessee under section 256(1) of the income-tax act, 1961, arises out of a decision of the income-tax appellate tribunal, cochin bench, in i. t. a. ..... : [1976]103itr312(guj) , the scope of section 41(1) of the income-tax act, 1961, came up for consideration. ..... the word 'obtained' in section 41(1) of the income-tax act has to be understood as 'capable of being ..... is the view taken by the full bench of the gujarat high court in cit v. ..... tribunal distinguished a full bench decision of the gujarat high court in cit v. ..... [1977] 108 itr 136, by the very same high court. ..... a division bench of the gujarat high court took the view in the above case that it must be the obtaining of the actual cash which is contemplated by the legislature when it used the words, 'has obtained whether in cash or in any other manner whatsoever .....