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Judgment Search Results Home  Phrase:income tax act 1961 section 91  Court:kerala

Nov 28 1994

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

  • Decided on : 28-Nov-1994

Court : Kerala

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

... 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 assessmentproceedings, ... 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 ... Income-taxOfficer for fresh disposal on the basis of the evidence produced by theassessee. 3. In the meantime, the Income-tax Officer, Cannonore, instituted criminal prosecution against 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. ... 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 Appellate Tribunal byannexure 'A-1' order and the matter was sent back to the Income- ...

Aug 19 1997

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

  • Decided on : 19-Aug-1997

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 ...

Oct 07 1997

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

  • Decided on : 07-Oct-1997

Court : Kerala

Reported in : [1998]230ITR686(Ker)

... 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 ... prohibited under the Abkari Act? 2. Whether, on the facts and in the 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 ... 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 ... , 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 ...

Apr 02 1991

Commissioner of Income-tax Vs. Kerala Nut Food Co.,

  • Decided on : 02-Apr-1991

Court : Kerala

Reported in : [1991]192ITR585(Ker)

... exports made by the assessees to the U. S. S. R. are entitled to weighted deduction under section 35B of the Income-tax Act, 1961 ?'2. The said referred cases (I. T. R. Nos. 91 to 102, 203 and 211 of 1984) as also 0. Ps. Nos. 8381, 8382, 8384, 8387, 8388, 8450, 8451 ... of law referred by the Income-tax Appellate Tribunal are as follows (see [1990] 185 ITR 153) :'1. Whether, on the facts and in the circumstances of the case, the commission payment qualifies for weighted deduction under section 35(1)(b)(i) and (ii) of the Income-tax Act, 1961 ? 2. Whether, on the ... for all the five years (1976-77, 1977-78, 1978-79, 1979-80 and 1980-81).8. We shall extract section 35B(1)(a) and (b) of the Income-tax Act, 1961 ;'35B. (1)(a) Where an assessee, being a domestic company or a person (other than a company) who is ... under section 256(1) of the Income-tax Act, in the 12 cases, before the Income-tax Appellate Tribunal praying to refer three questions of law. But, the Income-tax Appellate Tribunal referred a common question of law for alt the 12 cases, which v/as the subject-matter of I. T. R. Nos. 91 ... Income-tax Act and the eligibility for the deduction claimed. Even if the circular of the Central Board of Direct Taxes has gone beyond the parameters drawn in section 35B of the Income-tax Act, in so far as the circular contained a provision beneficent to the assessee, the circular should be given effect to and that has been rightly so done by the Appellate Tribunal.13. The Income-tax ...

Oct 11 2001

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

  • Decided on : 11-Oct-2001

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 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 ... . 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 ... 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 the facts and in the circumstances of the case, the assessee is entitled to investment allowance under Section 32A on the plant and ...

Jun 14 2004

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

  • Decided on : 14-Jun-2004

Court : Kerala

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

... 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 Act ... income did not deprive the assessee-company of the benefit under Section 32AB so long as the investment in the units was in the course of its 'eligible business'.6. Before the Madras High Court, a similar question arose in the decision reported in CIT v. Tamil Nadu Mercantile Bank Ltd. : [2002]255ITR205(Mad) . It was held thus :'Section 32AB of the IT Act, 1961 ... Section 32AB of the Income-tax Act (hereinafter referred to as the 'IT Act') for the purpose of deduction of 20 per cent profit, only the income from business or profession should be taken into account, while in the other three cases, the Tribunal has taken up opposite view and held that any income ... Section 32AB of the IT 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 ...

Sep 01 2003

CIT Vs. J. Rajmohan Pillai

  • Decided on : 01-Sep-2003

Court : Kerala

Reported in : [2004]134TAXMAN168(Ker)

... that the provisions of rule 6DD(j) of the Income Tax Rules apply to the facts of the case, vis-a-vis section 40(3) of the Income Tax Act, 1961 ?'2. The brief facts are as follows : The assessee is an exporter of cashew kernels. The assessee, during the previous year relevant to the assessment year 1990-91, had purchased raw cashewnuts from various places including ... Income Tax Act, 1961 ?'2. The brief facts are as follows : The assessee is an exporter of cashew kernels. The assessee, during the previous year relevant to the assessment year 1990-91, had purchased raw cashewnuts from various places including the State of Orissa and the same was transported to the assessees factories in Kanyakumari for processing. In the assessment for the year 1990-91 ... of the provisions of section 40A(3) the said amount was disallowed. In appeal filed by the assessee the Commissioner (Appeals) upheld the said disallowance stating that the assessee has not proved that the said payment will come within the exclusionary provisions of rule 6DD(j) of the Income Tax Rules. In further appeal by the assessee the Income Tax Appellate Tribunal allowed ... of the payee.'The aforesaid rule would reveal that it sets out 4 circumstances in which the rigour of the provision contained in sub-section (3) has to be relaxed, namely where the assessee satisfies the Income Tax Officer that the payment could not be made by crossed cheque or by crossed bank draft due to (1) exceptional circumstances, (2) unavoidable ...

Jan 31 2003

Ram Bahadur Thakur Ltd. Vs. Commissioner of Income Tax

  • Decided on : 31-Jan-2003

Court : Kerala

Reported in : (2003)181CTR(Ker)193; [2003]261ITR390(Ker); 2003(1)KLT687

... Section 37(1) of the Income Tax Act, 1961 (for short 'the Act') arises in this reference.2. A Division Bench consisting of one of us (Sivarajan, J.) & C.N. Ramachandran Nair, J. has referred this case to a larger Bench stating that there is a conflict between the decision in I.T.R. No. 9/98 on the one hand and in Commissioner of Income Tax ... the Company is not an allowable deduction under the Income Tax Act, 19614. The brief facts are as follows:- The assessee is a public limited company, mainly engaged in the business of growing tea. In the assessment for the year 1990-91 the assessee, inter alia, claimed deduction of an ... tour of the wife of a Director of a company in the computation of income under the head 'profit and gains of business' under Section 37(1) of the Income Tax Act, 1961 (for short 'the Act') arises in this reference.2. A Division Bench consisting of one of us (Sivarajan, J.) & C ... allowable deduction under the Income Tax Act, 1961. The assessing authority did not allow the claim stating that the foreign tour of the wives of the Directors was not for the purpose of the business. This was confirmed in appeal by the Commissioner of Income Tax (Appeals). The second appeal ... . The expression 'for the purpose of the business' occurring in Section 10(2)(xv) of the Income Tax Act, 1992 which is in pari materia with Section 37(1) of the Act was considered by the Supreme Court in Commissioner of Income Tax v. Malayalam Plantations Ltd. : [1964]53ITR140(SC) . The Supreme ...

Sep 01 2006

Travancore Cements Ltd. Vs. Assistant Commissioner of Income Tax

  • Decided on : 01-Sep-2006

Court : Kerala

Reported in : (2008)219CTR(Ker)359; 2006(4)KLT344; [2009]179TAXMAN117(Ker)

... under the Income Tax Act 1961, on the files of the second respondent. In respect of the assessment year 2000-2001 petitioner filed its original return on 28.11.2000 declaring a total income of Rs. 2,37,56,900/-. A revised return was filed on 05-01-2001 with a revised total income of Rs. 1,91,32,250/- along with the audit report under Section 44AB ... Commissioner of Income Tax directing the assessee to ensure compliance with the statutory notification issued under Section 143(2) and 142(1) of the Income Tax Act, 1961 without fail and also for other consequential reliefs.2. Petitioner is a company owned by the State Government engaged in the business of manufacture of cement and cement paints at Kottayam and is an assessee under the Income Tax Act 1961, on ... the Income Tax Act as well as Ext.P8 notice under Section 142 of the Income Tax Act has embarked upon a roving enquiry on issues which are unconnected with the issue which forms the basis of proceedings initiated under Section 147 of the Act vide Exts.P5 and P6. It is trite law that general enquiry can be made only by issuing notice under Sub-section (2) of Section ... Section 143(2) of the Income Tax Act as well as Ext.P8 notice under Section 142 of the Income Tax Act has embarked upon a roving enquiry on issues which are unconnected with the issue which forms the basis of proceedings initiated under Section 147 of the Act vide Exts.P5 and P6. It is trite law that general enquiry can be made only by issuing notice under Sub-section ...

Oct 29 1999

Mathai Mappila and Tom Cyriac Vs. Commissioner of Income-tax

  • Decided on : 29-Oct-1999

Court : Kerala

Reported in : [2000]243ITR326(Ker)

... the opinion of this court under Section 256(1) of the Income-tax Act, 1961 (in short 'the Act') is as follows : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in upholding the imposition of penalty under Section 273(1)(b) of the Income-tax Act where the assessee having filed the estimate of advance tax payable by him before the due ... justified in law in upholding the imposition of penalty under Section 273(1)(b) of the Income-tax Act where the assessee having filed the estimate of advance tax payable by him before the due date but failed to remit the advance tax in accordance with the estimate ?' 2. It is to be noted that Income-tax References Nos. 91, 92, 94 and 95 of 1997 relate to the ... the Income-tax Act, 1961 (in short 'the Act') is as follows : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in upholding the imposition of penalty under Section 273(1)(b) of the Income-tax Act where the assessee having filed the estimate of advance tax payable by him before the due date but failed to remit the advance tax in accordance ... , on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in relying on the marginal notes of Section 273 for confirming the levy of penalty under Section 273(2)(c) of the Income-tax Act, 1961, for the assessment year 1985-86 and under Section 275(1)(b) of the said Act for the assessment years 1987-88 and 1988-89?' 3. After ...

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