Court : Kerala
Reported in : [1973]92ITR65(Ker)
..... but it was contended before the high court that the present value of the liability for payment of gratuity was a permissible deduction in valuing the assets of the business of the assessee under section 7(2)(a) of the wealth-tax act. ..... in short, a debt owed within the meaning of section 2(m) of the wealth-tax act can be defined as a liability to pay in praesenti or in futuro an ascertainable sum of money.'21. ..... of the amounts, as on the first day of the previous year relevant to the assessment year, of- (i) its paid-up share capital; (ii) its reserves, if any, created under the proviso (b) to clause (vib) of sub-section (2) of section 10 of the indian income-tax act, 1922, or under sub-section (3) of section 34 of the income-tax act, 1961; (iii) its other reserves as reduced, by the amounts credited to such reserves as have been allowed as a deduction in computing the income of the company for the purposes of the indian income ..... a copy of this judgment under the signature of the registrar and the seal of the high court will be sent to the income-tax appellate tribunal, cochin bench, as required under section 260(1) of the income-tax act, 1961. ..... the questionwhich arose in that case concerned the admissibility of a claim for deduction of amounts set apart for gratuity from the net wealth of an assesseeunder the wealth-tax act, 1957. ..... at the hearing before the supreme court, it was contended that no such concession was made and, therefore, the question had to be decided on the merits. .....
Tag this Judgment!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 : 2006(1)KLT25
..... section 52, the fee payable on a memorandum of appeal filed before the high court against the order of incometax appellate tribunal or the wealth tax appellate tribunal, under the incometax act, 1961 (central act 43 of 1961) or the wealth tax act, 1957 (central act 27 of 1957), as the case may be, shall be at the rates specified in sub-item (c) of item (iii) of article 3 of schedule ii.we also extract sub-item (c) of item (iii) of article 3 of schedule ii, which reads as follows:(c) from an order of the appellate tribunal under the incometax act, 1961 or the wealth tax act, 1957 ..... in all the appeals filed by the commissioner of income tax or in any appeal to be filed either by the revenue or by the assessee under the income-tax act and under the wealth-tax act against the orders of the income-tax appellate tribunal from 26.10.2002, court fee is payable and has to be under section 52a read with schedule ii article 3 item (iii) sub-item (c) of the kerala court fees and suits valuation act, inserted by the kerala court fees and suits valuation (amendment ..... in this case is with regard to the court fee payable in respect of an appeal filed under section 27-a of the wealth tax act. ..... we are of the view, subject matter of the appeal preferred under section 27a of the wealth-tax act would not fall under clauses (a) to (c) of sub-item (c) but only ..... matter came up for hearing we issued notice to the state as well as to the senior standing counsel appearing for government of india (taxes). .....
Tag this Judgment!Court : Kerala
Reported in : 1952CriLJ658
..... admittedly the act complained of in the present petition amounts to an offence under section 174 of the cochin penal code, a section corresponding to section 188 of the indian penal code.the high courts of allahabad, calcutta, lahore, patna and nagpur have interpreted sub-section (3) of section 2 of the contempt of courts act to mean that where under the penal code there is, already a provision for punishing a contempt of court as a contempt of court the contempt of courts act shall have no application. ..... the petitioner's counsel contended that the provision contained was impliedly repealed by section 21(vii) of the travancore-cochin high court act, v of 1125 and that under that provision it was competent for a division court of two judges to hear the petition. ..... sub-section 2 of section 2 of the cochin act corresponding to sub-section 3 of section 2 of its indian counter-part enacts that the high court shall not take cognizance of a contempt of court alleged to have been committed in respect of a court subordinate to it where such contempt is an offence under the cochin penal code, act i of 1059. ..... the decisions giving a limited meaning to subjection 3 of section 2 of the contempt of courts act in india are all referred to in a recent pull bench decision of the allahabad high court reported in state v. .....
Tag this Judgment!Court : Kerala
Reported in : 1953CriLJ1
..... the king : air1950cal66 the calcutta high court had to consider the question of the applicability of section 73, evidence act, to accused persons and the view held was that the section did apply to such persons. ..... question of the applicability of section 73 to the accused in a criminal trial was decided in the affirmative by a pull bench of the rangoon high court in king emperor v. ..... the present board have had the advantage of the presence of sir george rankin in giving a full consideration to all the reported decisions; and they have come to the conclusion that the words of the section lead to the conclusion that the statement is not admissible even when made by the person 'ultimately accused'.other passages from the judgment of lord atkin, useful to the present occasion, are seen quoted by harries ..... no order shall be made directing any person to be photographed except by a magistrate of the first class;provided, further, that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.section 6 provides as follows:(1) if any person who under this act is required to allow his measurements or photograph to be taken resists or refuses to allow the taking of the same, it shall be lawful to use all means necessary to ..... at the hearing both sides invited us to finally dispose of the petition ourselves and acceding to that we have decided the revision petition itself.13 ..... for special purposes of income-tax v. .....
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ274
..... be submitted to the president for his certification; and thereupon, if the president by public notification so certifies, it shall not be called in question in any court on the ground that it contravenes the provisions of clause (2) of this article or has contravened the provisions of sub-section (2) of section 299, government of india act, 1935.the second clause of article 31 prohibits the requisitioning or acquisition of property except under a law which either fixes the amount of compensation or specifies the ..... made by the legislature of a state for the consideration of the president.reference may also be made to clause 3 of article 286 to the effect that:(3) no law made by the legislature of a state imposing, or authorising the imposition of, a tax on the sale or purchase of any such goods as have been declared by parliament by law to be essential for the life of the community shall have effect unless it has been reserved for the consideration of the president and ..... 11-375/52/ehl.29th february 1952.in exercise of the powers conferred by section 15, travancore-cochin public safety measures act, 1950 (act 5 of 1950), the government are pleased to direct that the powers conferred on them by sub-sections (1) and (2) of section 4 of the said act shall be exercisable also by the district collector, trivandrum, in respect of the requisitioning of the sree krishna vilasom english high school, pirappancode, together with the buildings, premises, all furniture, equipments and library .....
Tag this Judgment!Court : Kerala
Reported in : (1953)IILLJ563Ker
..... 'and the learned judges conclude the judgment by stating (at page 233):although it is not necessary for us to give a definite rinding on this point, yet it seems clear to us that in a reference by the government under section 10(1), it is most desirable that the government should state what points they consider are in dispute and should be adjudicated by the tribunal.that decision obviously has no application to the facts of the present case. ..... presented by the south india cashewnut manufacturers' association, represented by its honorary secretary prabhakar gerald walter, under article 226 of the constitution of india praying that for the reasons stated in the accompanying affidavit the court be pleased to issue a writ of certiorari for removing the order l2-8772/fi0, dated 24 october 1951, passed by government of travancore-cochin referring an industrial dispute to the second counter-petitioner for quashing ..... , an executive act as opposed to a judicial or quasi-judicial act, and, in the absence of proof of bad faith, the court has no jurisdiction to interfere with it and certainly not by the high prerogative writ of certiorari.this decision related to a case that arose before the ..... bat if the result of this examination and hearing is to leave no doubt that the court has been deceived, then it will refuse to hear anything further from the applicant in a proceeding which has only been set in motion by means of ..... kensington income-tax commissioners, princess edmond de polignac, .....
Tag this Judgment!Court : Kerala
Reported in : 1953CriLJ1600
..... the only defence in the two cases, as summarised by the lower court, was:that the bus in question has been granted permit to be treated as a reserve bus, that as per government notification t 4-7879/49/pwc dated 20.1.1951 issued in the exercise of powers conferred on the government under section 11, travancore cochin vehicles taxation act, 14 of 1950, government have exempted reserve buses from payment of vehicles tax, that the exemption once granted is absolute and unconditional and obtains ..... the extract1 from the judgment given above was published in the travancore cochin government gazette dated 30.1.1951 (part i, page 107) and is in the following terms:in exercise of the powers conferred by section 11, travancore-cochin vehicles taxation act, 1950 (act 14 of 1950) and in supersession of ..... the issue of licenses in respect of motor vehicles and section 8 stipulates:if the tax due in respect of any vehicle has not been paid, the registered owner or the person having possession or control thereof shall be punishable with fine which may extend to fifty rupees; and the amount of the tax due by him in respect of such vehicle for the quarter or half-year or year concerned shall also be recovered as if it were a fine.5. the notification referred to in .....
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ1138
..... cause a notice to be served on such company or person to pay it within fifteen days of the date of such service.rule 30 of the schedule ii states that:where any tax not being a tax in respect of which a notice has to be served under sections 94 or 102 or in respect of which a direction has to be given under rule 13, is due from any person, the executive authority shall serve upon such person a bill ..... first have been made, a suit might first have been instituted or prosecution might first have been commenced, as the case may be, in respect of such sum.section 368 states that:no person shall be tried for any offence against the provisions of this act, or of any rule, or bye-law made under it unless complaint is made by the police, or the executive authority or by a person expressly authorised in ..... power of certain magistrates to take cognizance of offences upon information received or upon their own knowledge of suspicion.there is also a proviso to this section which runs as follows:provided that failure to take out a licence, obtain permission or secure registration under this act shall, for the purpose of this section be deemed a continuing offence until the expiration of the period, if any, for which the licence, permission or registration is required and if ..... convicted of the offence of disobedience of a notice issued under the provisions of the act the court must be satisfied that what the accused had disobeyed was a notice lawfully issued under the powers conferred by that act. .....
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ669
..... defence of travancore rules, the government of his highness the maharaja hereby order that with effect from the 15th february 1943, no owner, manager or other person in charge of a rice mill shall engage in the business of hulling of rice in any part of the state.they were in force on the date of the alleged offence, namely 24-4-1950, by virtue of section 73 of the travancore-cochin public safety measures act, 1950, which provides:(1) the enactments mentioned in ..... notwithstanding anything in article 301 or article 303, the legislature of a state may by law-(a) impose on goods imported from other states any tax to which similar goods manufactured or produced in that state are, subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and(b) impose such reasonable restrictions on the freedom of trade, commerce or ..... but in any instance, there is a presumption that the legislature intended for the statute or act to be effective in its entirety unless something in the act indicates to the contrary.in order to ascertain the intention of the legislature, the court may examine the entire statute, including the invalid as well as the valid portions, and resort to the usual principles ..... 156 of 1950 of the division first glass magistrate's court, kottayam, moved this court for a withdrawal of the said case to this court under article 228 of the constitution on the ground that the case involved substantial questions of law as to the .....
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