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Judgment Search Results Home > Search Phrase: income tax act 1961 section 91 Court: kerala Page 1 of about 12,416 results (0.069 seconds)

Oct 06 2005 (HC)

A.M. Sainalabdeen Musaliar Vs. Commissioner of Income Tax and anr.

Court : Kerala

Reported in : (2006)200CTR(Ker)585; [2006]282ITR362(Ker)

..... the citcitcit has no power to modify ext. p7 issued under the kvss.2. i heard counsel for the petitioner and standing counsel for the it department. ext. p11(a) is issued by the first respondent demanding 50 per cent of the interest that was payable upto 31st march, 1998 under section 222 [sic-220(2)] of the it actit actit act which ..... and final settlement of liability for the three asst. yrs. 1990-91, 1991-92 and 1992-93. the petitioner's case is that ..... under the kvss interest payable was only for the asst. yrs. 1990-91, 1991-92 and 1992-93 as, according to the petitioner, there was demand of tax only for the year .1993-94. however, strangely it is seen from ext. p7 that the department has not recognised any demand of income-tax due as on 31st march, 1998 for the asst. yr. 1993 ..... demanding differential amount payable by the petitioner under kar vivad samadhan scheme, 1998 for the asst. yrs. 1990-91, 1991-92 and 1992-93. according to the petitioner, first respondent issued ext. p7 under section 90(2) r/w section 91 of the finance (no. 2) act, 1998, demanding a total amount of rs. 3,31,120 which was paid by the petitioner in full .....

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Nov 24 1992 (HC)

K. Sreedharan and Co. Vs. Commissioner of Income-tax and anr.

Court : Kerala

Reported in : [1993]202ITR796(Ker)

..... . 1,91,040 in arrack and brandy business was disallowed by the assessing authority. aggrieved by the above assessment order, the petitioner filed a revision before the first respondent under section 264(1) of the income-tax act, 1961. the revisional authority affirmed the assessment order and ..... 1984.4. the petitioner relied on a decision of the allahabad high court also in support of the above contention. in citcitcit v. expanded metal . v. citcitcit : [1975]98itr20(all) was followed by the learned judges in coming to the above conclusion.5. i find merit in the ..... amount as expenses during the relevant assessment year. in support of the above contention, learned counsel relied on the decision of the supreme court in citcitcit v. sarabhai management corporation ltd. : [1991]192itr151(sc) . in the above case, the assessee was carrying on business in acquiring immovable property ..... its return for the assessment year 1984-85 declaring a loss of rs. 1,41,960. the second respondent-income-tax officer, by exhibit p-1 order dated february 13, 1987, determined the income of the petitioner at rs. 1,26,450. deduction claimed by the petitioner as expenses to the extent of rs ..... assessment year, the petitioner had to participate in the auction which would be conducted before march 31, 1984, in accordance with the kerala abkari act and rules. for participating in the auction and to have the auction confirmed in its name, the petitioner has to pay substantial amounts even .....

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Nov 28 1994 (HC)

P. Zubaire Vs. Asst. Commissioner of Income-tax and anr.

Court : Kerala

Reported in : (1995)127CTR(Ker)363; [1995]214ITR590(Ker)

..... k.p. balanarayana marar, j. 1. the petitioner, an income-tax assessee, seeks to quash annexure 'a-2' complaint filed by the assistant commissioner of income-tax, circle-i, cannanore. the complaint was filed under section 277 of the income-tax act, 1961.2. the petitioner had submitted a return of income for the assessmentyear 1990-91, showing a loss of rs. 2,81,565. during the ..... petitioner as c. c. no. 18 of 1994 before the court of the additional chief judicial magistrate (economic offences), ernakulam, for offences punishable under sections 270c and 277 of the income-tax act. no notice has so far been received by the petitioner, but he understands that a warrant had been issued. this criminal miscellaneous case has been filed ..... additional chief judicial magistrate is unsustainable. this contention will not lie in the face of section 276c of the income-tax act. that section states that if a person wilfully attempts in any manner whatsoever to evade any tax, penalty or interest chargeable or imposable under the act, he shall, without prejudice to any penalty that may be imposable on him, be ..... above credits amounting to rs. 80,000 as incomefrom undisclosed sources. the assessment for the year 1990-91 was completed. penalty proceedings were also initiated under section 271(1)(c) on theground that the petitioner had concealed particulars of income. theassistant commissioner of income-tax, the first respondent, levied penaltyof rs. 22,600. that order was set aside by the .....

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Oct 07 1997 (HC)

Commissioner of Income-tax Vs. K.A. Sundaram and Co.

Court : Kerala

Reported in : [1998]230ITR686(Ker)

..... circumstances of the case, the assessee is entitled to be treated as a registered firm under the income-tax act ?'2. the relevant facts are as follows : the assessee, a partnership firm, was refused registration under section 185(1)(a) of the income-tax act, 1961, for the assessment year 1990-91 by the assessing authority, who found that the firm was carrying on abkari business in violation of ..... the provisions of the kerala abkari act. a licence issued under the provisions of the kerala abkari act was in the name of one of the ..... 6(22) of the rules. it was also held that such a contract of partnership is void under section 23 of the contract act and a void contract of partnership cannot be recognised as a genuine partnership for the purpose of the income-tax act, 1961.4. learned counsel for the assessee contended that the above decision has no application in the facts of the ..... assets, namely, shares of limited companies, into the partnership firm as his contribution to his capital, there was a transfer of a capital asset within the meaning of section 45 of the income-tax act. the exclusive interest of the partner in the individual asset before he enters the partnership is reduced on such entry into a shared interest. this would also support .....

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Oct 11 2001 (HC)

Commissioner of Income-tax Vs. Poyilakada Fisheries P. Ltd.

Court : Kerala

Reported in : (2002)172CTR(Ker)384; [2001]252ITR661(Ker)

p.k. balasubramanyan, j.1. this appeal filed by the commissioner of income-tax under section 260a of the income-tax act, 1961, relates to the assessment year 1990-91 covered by the appeal i.t.a. no. 451 (coch) of 1995 on the file of the income-tax appellate tribunal, cochin bench. the appeal was admitted on the following substantial question of law :'whether, on the facts and in the ..... circumstances of the case, the asses-see is entitled to investment allowance under section 32a ..... hearing counsel, we find that the substantial question of law formulated requires to be reframed. there was no dispute before the authorities or the tribunal regarding the investment allowance under section 32a of the income-tax act on the plant and machinery used by the assessee in its activity of processing raw cashew nuts. what was involved was a claim under ..... section 32a of the act in respect of plant and machinery used in the activity of the assessee for processing fish. therefore, we reframe the substantial question of law to be answered as :'whether, on .....

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Aug 19 1997 (HC)

T.K. Narendran Vs. Income-tax Officer and anr.

Court : Kerala

Reported in : [1999]235ITR236(Ker)

..... a writ of certiorari quashing exhibits p-4 and p-6 notices issued by the second respondent, the tax recovery officer. exhibit p-4 is a notice issued under sections 222 and 223 of the income-tax act, 1961, demanding a sum of rs. 5,91,829 being arrears of income-tax due from wynad financing corporation. exhibit p-6 is a further communication issued by the second respondent ..... since the petitioner is not a partner of the firm, which is now defunct, the second respondent has no authority to proceed against the petitioner for recovery of arrears of income-tax due from the defunct firm proposed in exhibits p-4 and p-6 notices.2. i have heard sri p. k. r. menon, learned senior central government standing counsel on ..... the respondents. learned senior counsel submitted that the firm, wynad financing corporation, has filed an application before the settlement commission (it and wt), additional bench, madras, for settlement of its tax liabilities and exhibit p-2 is the proceedings of the said commission. learned counsel further submitted that in the proceedings before the settlement commission the petitioner along with the advocate .....

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Aug 23 1963 (HC)

The Southern India Tea Estates Co. Ltd., Alleppey Vs. the Commissioner ...

Court : Kerala

Reported in : AIR1965Ker146; [1964]51ITR47(Ker)

..... and not that of an owner.9. the question whether the wealth tax paid is an admissible allowance under sections 10 (1) and 10 (2) (xv) of the indian income-tax act, 1922, came up for consideration before the high court of madras in tax case nos. 91, 92, 99, 102, 110 and 111 of 1961.that court said:'it is true that a capital asset of a ..... for the assessment year 1960-61 under section 10 (2) (xv) of the indian income-tax act'?2. the liability to pay wealth tax arises from the wealth tax act, 1957. the substantive provisions of that act are sections 3 to 7. of these, section 3 is the charging section, it follows closely the language adopted for the charge of income-tax in section 3 of the indian income-tax act, 1922, and reads as follows:'subject ..... the amount of excess-profits tax and business-profits-tax in the computation of the 'total income' for the purposes of the income-tax act. a similar provision is lacking in this act, in consequence, no deduction is permissible in respect of wealth tax paid, in calculating 'total income' for the purpose of the income-tax act.' (the three new taxes, page 10).4. section 10 (1) of the indian income-tax act, 1922, provides that the .....

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Jan 18 2012 (HC)

N. Parameswaran, Muvattupuzha, Vs. the Commissioner of Income Tax, Coc ...

Court : Kerala

..... the prayer of the petitioner favourably. however, contrary to what is submitted, i find that even the second application made by the petitioner invoking both section 190 (2) as also 220 (2a) of the income tax act was considered by the chief commissioner and the latter prayer was again rejected for non co-operation evidenced by default in making payment. it was after ..... order refusing to invoke the powers conferred on the first respondent for waiver under section 220 (2a) of the income tax act. the petitioner was a stock broker and on the claim that he had no sufficient income for the years 1990-91 and 1991-92, did not file any return of income. for the assessment year 1992-93, the petitioner filed returns however without necessary ..... in which no return was filed. for the subsequent years due to non co-operation of assessee, assessment was completed under section 144 of the income tax act. the assessment as such is not the subject of challenge in the above writ petition and ..... annexures. in such circumstances, the department was constrained to issue notice under section 148 for the years .....

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Jun 14 2004 (HC)

Commissioner of Income Tax Vs. Kil Kothagiri Tea and Coffee Estate Co. ...

Court : Kerala

Reported in : (2004)190CTR(Ker)405; [2005]273ITR278(Ker)

..... . 1988-89, 1989-90 and 1990-91. in it ref. no. 179 of 1997, the reference is at the instance of the assessee. in all the other three cases, the appeal is filed by the department.2. in it ref. no. 179 of 1997, the tribunal took the view that under section 32ab of the income-tax act (hereinafter referred to as the 'it actit act ..... course of its 'eligible business'.6. before the madras high court, a similar question arose in the decision reported in citcitcit v. tamil nadu mercantile bank ltd. : [2002]255itr205(mad) . it was held thus :'section 32ab of the it actit actit act, 1961, provides a benefit to the assessee. the benefit so provided is an incentive to an assessee, who deposits any amount in ..... a development bank before the expiry of six months from the end of the previous year or before furnishing the return of his income, whichever is earlier. that incentive is ..... development bank, the benefit is given by way of deduction, such deduction being allowed before the loss, if any, brought forward from earlier years, is set off under section 72 of the it actit actit act, 1961, (i) of a sum equal to the amount or the aggregate of the amounts so deposited and any amount so utilised; or (ii) of a sum equal .....

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Mar 14 2005 (HC)

S.T.S. Enterprises Vs. Assstt. Cit

Court : Kerala

Reported in : (2006)198CTR(Ker)557

..... has rejected an application for waiver of penalty filed by the petitioner under section 273a of the income tax act for the assessment year 1990-91. the commissioner rejected the petitioner's application on the ground that the petitioner does not satisfy the conditions required for waiver namely, section 273a(1)(b) of the income tax act. even though counsel for the petitioner submitted that the commissioner, has rejected ..... the claim of waiver on merits, even though there is an observation in the order that petitioner has not chosen to file appeal against the penalty levied under section 271(1)(c) of the act. moreover, on going through the assessment and penalty orders, it is seen that after failing to prove cash credit in the name of one sukumaran the petitioner ..... waiver of penalty are not satisfied. it is also seen that the penalty levied is the minimum penalty and apart from the penalty, petitioner is not liable to pay any tax as the net result under the assessment order is still a loss. in the circumstances, op is devoid of any merit and is dismissed.

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