Court : Kerala
Reported in : (1991)100CTR(Ker)66; [1992]197ITR325(Ker)
..... thus arising for consideration are : (1) can it be said that the questions formulated in the petition in fact arise out of the order of the tribunal and (2) can the petitioner invoke the jurisdiction of the tribunal under section 35(1)(e) of the wealth-tax act, 1957, and get the separate note vacated ?5. ..... this provision is relevant in the context is beyond dispute in view of section 2(b) of the wealth-tax act, 1957, which defines 'appellate tribunal'. ..... that the remedy that can be thought of by the revenue to get rid of the effect of this dissenting note of the accountant member is to apply for rectification of that order by invoking the jurisdiction of the tribunal under section 35(1)(e) of the wealth-tax act, 1957. ..... touching upon this aspect, learned counsel for the assessee submitted that, inasmuch as the high court is not constituted as a court of appeal under section 257 but, on the other hand, the high court is exercising only an advisory or consultative jurisdiction under the section and as such a strictly limited jurisdiction, the high court cannot interfere with the dissenting note. ..... but if the members are equally divided, they shall state the point or points on which they differ and the case shall be referred by the president of the appellate tribunal for hearing the said point by one or more of the said members of the appellate tribunal and such point or points shall be decided according to the opinion of the majority of the members of the appellate tribunal who have .....
Tag this Judgment!Court : Kerala
Reported in : [1990]185ITR163(Ker)
..... section 43 of the indian income-tax act, 1922, and section 22(2) of the wealth-tax act, 1957, and other provisions may be cited as illustrative of this somewhat extreme and extraordinary position. ..... this writ petition arises in proceedings under the wealth-tax act, 1957. ..... two sections of the wealth-tax act are relevant in this connection. ..... even at the outset, and at the stage of a notice, the court can interfere--was the strenuous plea on the part of the petitioner. ..... instances are not rare where the court has declined to interfere at that stage, holding that the more appropriate method of ventilating the grievance is by directing the aggrieved party to fight it out along the hierarchy of the statutory authorities. ..... it is unnecessary to recollect the very many occasions where the supreme court of india had intervened at that very stage. ..... the short question before the court is whether, without anything byway of an antecedent action, the department could straightaway issue a notice to such a person directing him to submit a return. ..... the petitioner was directed to submit the return not later than april 30, 1989, the petitioner hastened to the court, protesting about the attempted assessment. ..... the court can and shall declare the invalidity of the notice.13. ..... the validity of exhibit p-1 has, therefore, to be carefully considered by this court.7. ..... further proceedings were stayed under orders of this court. .....
Tag this Judgment!Court : Kerala
Reported in : (1994)122CTR(Ker)182; [1995]211ITR775(Ker)
..... (delhi) , the supreme court held that interest to be paid under section 3(3) is in the nature of compensation paid to the government for delay in payment of cess and, therefore, the assessee is entitled to deduction under section 10(2)(xv) of the indian income-tax act, 1922.8. ..... the assessee claimed deduction under section 37(1) of the income-tax act in respect of the interest payable by it to the kerala state electricity board for delayed payment of power charges for the ..... act, 1956, for delayed payment of cess payable thereunder was an allowable expenditure under section 10(2)(xv) of the indian income-tax act, ..... provides that if the consumer fails to pay any bill presented to him on or before the due date, the board shall be at liberty to take action under sub-section (1) of section 24 of the indian electricity act and to cut off the supply after giving the consumer not less than seven clear days' notice in writing. ..... the assessee was bound to deduct under section 18(3b) of the indian income-tax act, 1922. ..... interest liable to be paid by the assessee to the kerala state electricity board for delayed payment of electricity charges is not penal in nature and, therefore, the assessee is entitled to claim deduction under section 37(1) of the income-tax act. ..... decision of the high court in cit v. ..... on a decision of the delhi high court in cit v. ..... 1993]201itr684(sc) , the supreme court has a quoted with approval the observations made by a division bench of the andhra pradesh high court in cit v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1974Ker95
..... . there cannot be any dispute in view of the provisions of sections 14(2),16 and 22 of the income-tax act, 1922, and counsel for the assessee also didnot dispute that the assessee was bound to file a return of his income fromother sources as well as his share of the income from ..... (1) if the income-tax officer or the appellate assistant commissioner, in the course of any proceedings under this act, is satisfied that any person- (a) has without reasonable cause failed to furnish the return of total income which he was required to furnish under sub-section (1) of section 139 or by notice given under sub-section (2) of section 139 or section 148 or has without reasonable cause failed to furnish it within the time allowed and in the manner required by sub-section (1) of section 139 or by such notice, as the ..... copy of this judgment will be sent to the appellate tribunal under the seal of the high court and the signature of the registrar ..... of assessment of the firm was 1958-59 ; the firm filed an application for registration of the firm on december 23, 1957 ; an order granting registration was passed on february 28, 1963 ; the assessee filed his individual return on march 12, 1963, showing his share of income from the firm; the income-tax officer initiated proceedings for imposition of penalty under section 271(1)(a) on the ground that the assessee defaulted to file the return within the time allowed. ..... year in question is 1958-59, the accounting year being the calendar year 1957. .....
Tag this Judgment!Court : Kerala
Reported in : [1972]84ITR502(Ker)
..... who has failed to furnish the return without reasonable cause within the time, though he has filed it in the manner prescribed after the time.there cannot be any dispute in view of the provisions of sections 14(2), 16 and 22 of the income-tax act, 1922, and counsel for the assessee also did not dispute that the assessee was bound to file a return of his income from other sources as well as his share of the income from the ..... this is a reference at the instance of the assessee under section 256(1) of the income-tax act, 1961.the question of law referred is :'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in sustaining the order of penalty under section 271(1)(a) of the income-tax act, 1961 ? ..... make no order as to costs.a copy of this judgment will be sent to the appellate tribunal under the seal of the high court and the signature of the registrar.question answered in the negative. ..... of assessment of the firm was 1958-59; the firm filed an application for registration of the firm on december 23, 1957; an order granting registration was passed on february 28, 1963; the assessee filed his individual return on march 12, 1963, showing his share of income from the firm; the income-tax officer initiated proceedings for imposition of penalty under section 271(1)(a) on the ground that the assessee defaulted to file the return within the time allowed. ..... assessment year in question is 1958-59, the accounting year being the calendar year 1957. .....
Tag this Judgment!Court : Kerala
Reported in : [1963]47ITR318(Ker)
..... though this proceeding was challenged by the assessee in that case, and though that contention found favour with the high court, their lordships of the supreme court, overruling the objection, observe at page 430 to the effect :'it does not appear necessary, when proceedings are initiated under section 34 read with section 22, income-tax act, to issue notice to every member of the family. ..... what we have stated above that the question of the validity of the procedure adopted by the income-tax officer was seriously challenged and it was urged that the assessments themselves are totally illegal and void.so far as this aspect is concerned, the appellate tribunal in its order dated november 26, 1957, states that after the assessees death section 34 notices have been issued in the name of the eldest son on his behalf and on behalf ..... sadanandan was pending before the appellate tribunal, madras, it was not necessary to go into the controversy at that stage and in this view the learned judge, by his order dated march 27, 1957, dismissed the application giving liberty to the petitioner therein to move the court again, if so advised, at a later stage.subsequently, as we mentioned earlier, the appellate tribunal also by its order dated november 26, 1957, dismissed the appeals filed by e. d. .....
Tag this Judgment!Court : Kerala
Reported in : [1988]169ITR334(Ker)
..... even in the context of a claim for depreciation under section 10(2)(vi) of the indian income-tax act, 1922 (which corresponds to the present section 34), the delhi and bombay high courts have taken the view that in the absence of a registered sale deed, a claim for depreciation has to fail by reason of non-satisfaction of ..... whether, the trust has been created by a duly executed instrument in writing and whether there is any representative assessee within the meaning of section 160(1)(iv) of the income-tax act, 1961 'has, therefore, to be answered in the affirmative, in favour of the assessee and against the revenue. we do so.19 ..... section 34 of the income-tax act as also its predecessor section 10(2)(vi) of the indian income-tax act, 1922, had a close ..... the content of section 32 of the income-tax act would not clothe with ownership a mere ..... up to 1971 have been catalogued in stoke's case [1984] 1 all er 849, the customs and inland revenue act, 1878, income-tax act, 1918, income-tax act, 1945, income-tax act, 1952, finance act, 1957, capital allowances act, 1968, and finance act, 1971. ..... no property to be transferred to the trust; (ii) the properties of the minors had been made the subject-matter of the trust without satisfying the conditions of section 7(b) of the trusts act; and (iii) the immovable properties have been made the subject-matter of the trust without a valid transfer. ' 15. ..... of 1979 and 71 to 77 of 1981, thus came up for hearing before this court (see appendix infra p. .....
Tag this Judgment!Court : Kerala
Reported in : [1997]226ITR429(Ker)
..... the court was dealing with an appeal from the decision of a learned single judge of that court directing the appellate tribunal to hear the application under section 66(1) of the indian income-tax act, 1922, which was rejected by the appellate tribunal on the ground of being outside the limits of the appellate tribunal acting on an order in pursuance of the reference passed by the high court earlier ..... have also sufficiently emphasised the statutory provision of sections 254(4) and 260(1) of the income-tax act, 1961, to emphasise that the appellate tribunal is expected to dispose of the proceedings received from the high court conformably to such judgment of the high court.27. ..... revenue contended that the power of reference is a limited power conferred upon the high court under section 66 of the 1922 act and it is not possible to extend the ambit of the said power. ..... tribunal has expressed that it must be held that the high court had decided in the case of the assessee for the assessment year that only section 40a(5) of the act could be considered for application and not section 40(c) of the act on the basis of the decision of the high court.11. ..... : [1975]99itr287(mad) , to the effect that the question that could be considered by the appellate tribunal in its power under section 260(1) of the act could only be one which was in dispute before the high court in the reference proceedings, leaving only to the appellate tribunal to proceed in accordance with the decision of the high court. .....
Tag this Judgment!Court : Kerala
Reported in : [2001]249ITR395(Ker)
..... this reference is at the instance of the revenue and is under section 27(3) of the wealth-tax act, 1957. ..... according to us, the above decisions are not relevant for the present case and the decision of the supreme court is with respect tp section 2(m)(iii)(a) of the wealth-tax act.7. ..... an income-tax liability crystallises on the last day of the previous year relevant to the assessment year under the income-tax act, a wealth-tax liability crystallises on the valuation date for the relevant assessment year under the wealth-tax act and a gift-tax liability crystallises on the last day of the previous year for the relevant assessment year under the gift-tax act... ..... bhatt : [1984]145itr1(sc) , that case relates to the wealth-tax act. ..... the quantification effected by an assessment order may be varied as the income-tax, wealth-tax and gift-tax case is carried in appeal to the appellate assistant commissioner, or thereafter to the appellate tribunal, and indeed even in reference later to the high court or subsequent appeal to this court. ..... in this regard, we do not agree with what has been said by the madras high court to the contrary in late p. ..... reference was made to the decision of the madras high court in late p. ..... whether a debt was owed by the assessee on the valuation date would depend, as wasobserved by this court in kesoram industries and cotton mills ltd. ..... sri ravindranatha menon brought to our notice a decision of the supreme court in cwt v. k. s. n. .....
Tag this Judgment!Court : Kerala
Reported in : [1971]82ITR477(Ker)
..... ) have held that the term 'individual' in section 3 of the wealth-tax act includes a mappilla marumakkathayam tarwad. ..... only question for decision in this writ petition is whether the petitioner, the kerala financial corporation, is an 'individual' coming under section 3 of the wealth-tax act for purposes of assessment to wealth-tax. ..... the andhra pradesh high court has held that the state road transport corporation constituted under the road transport corporations act is an 'individual' within the meaning of section 3 of the indian income-tax act and as such is taxable ..... the argument of the counsel of the petitioner is that the legislature would not have passed an enactment to tax a corporation formed with the funds of the state itself at a higher rate than a company incorporated under the companies act and clause (iia) of section 2(h) of the wealth-tax act was passed only to tax such corporations which were otherwise not taxable, at a lesser rate along with companies if and when the central government passes a general or special order in that ..... decision was taken in appeal before the supreme court, and the supreme court, after hearing similar other road transport corporations as intervenes, has upheld the decision of the andhra pradesh high court. ..... or two old decisions of the bombay high court, one decision of the madras high court and the decision of the federal court of pakistan in punjab province federation of pakistan, [1957] 32 i.t.r, 198 (pak.). ..... sodra devi, [1957] 32 i.t,r .....
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