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Search Results Judgments > Act:INCOME TAX ACT 1961 Section 91 Court:Kerala

Mar 14 2005

S.T.S. Enterprises Vs. Assstt. CIT

  • Decided on : 14-Mar-2005

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.

Jun 15 1960

Commissioner, City Corporation Vs. Harihara Iyer

  • Decided on : 15-Jun-1960

Court : Kerala

Reported in : AIR1961Ker62

... Income Tax Act which imposes income-tax upon a person in respect of his income; it determines what persons, in respect of what income are liable to be charged. Construing Ss. 3 and 4 of the Income Tax Act His Lordship Kania, J. in Chatturam v. Commissioner of Income Tax, Bihar, AIR 1947 FC 32 at p. 35 has observed as follows: "The liability to pay the tax is founded on Sections 91 and 4, Income-tax Act ... income are liable to be charged. Construing Ss. 3 and 4 of the Income Tax Act His Lordship Kania, J. in Chatturam v. Commissioner of Income Tax, Bihar, AIR 1947 FC 32 at p. 35 has observed as follows: "The liability to pay the tax is founded on Sections 91 and 4, Income-tax Act, which are the charging sections. Section 22 etc., are the machinery sections to determine the amount of tax ... income; it determines what persons, in respect of what income are liable to be charged. Construing Ss. 3 and 4 of the Income Tax Act His Lordship Kania, J. in Chatturam v. Commissioner of Income Tax, Bihar, AIR 1947 FC 32 at p. 35 has observed as follows: "The liability to pay the tax is founded on Sections 91 and 4, Income-tax Act, which are the charging sections. Section 22 etc., are the machinery sections ...

Aug 23 1963

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

  • Decided on : 23-Aug-1963

Court : Kerala

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

... 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. ... 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 tax ... Tax Act, 1940, and Section 10 of the Business Profits Tax Act, 1947, authorise the deduction of 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 ... 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 to the other provisions contained in this Act ...

Nov 11 1994

Travancore Electro-Chemical Industries Ltd. Vs. Commissioner of Income ...

  • Decided on : 11-Nov-1994

Court : Kerala

Reported in : [1995]214ITR195(Ker)

... Income-tax Officer to grant interest under Section 214 of the Income-tax Act on the excess of the advance tax payments is appealable under Section 246(c) of the Income-tax Act, 1961. The Tribunal held against the assessee relying on an unreported decision in Income-tax References No. 80 and 81 of 1972, a case which arose in relation to the liability for interest under Section 139(8) and Section 215 of the Act ... Income-tax Officer limited the allowance to an amount of Rs. 47,67,501. Accordingly, he allowed a development rebate of Rs. 11,91,875 as against Rs. 13,26,440 claimed. The disallowance was based on the provisions of Section 16(c) of the Finance Act, 1974. The provisions of Section 33 of the Income-tax Act ... tax payments is appealable under Section 246(c) of the Income-tax Act, 1961. The Tribunal held against the assessee relying on an unreported decision in Income-tax References No. 80 and 81 of 1972, a case which arose in relation to the liability for interest under Section 139(8) and Section 215 of the Act. The question of appealability in relation to the liability for interest under Sections ... Section 246(c) of the Income-tax Act, 1961. The Tribunal held against the assessee relying on an unreported decision in Income-tax References No. 80 and 81 of 1972, a case which arose in relation to the liability for interest under Section 139(8) and Section 215 of the Act. The question of appealability in relation to the liability for interest under Sections 139(8) and 215 of the Act ...

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 ...

Jun 02 1987

K. Ravindranathan Nair (Vijayalakshmi Cashew Co.) Vs. Commissioner of ...

  • Decided on : 02-Jun-1987

Court : Kerala

Reported in : [1988]170ITR409(Ker)

... holding that only 50% of the proportionate expenditure considered as eligible could be treated as relating to exports and deductible under Section 35B of the Income-tax Act instead of the full proportion of 85.15% for the assessment year 1976-77 and 75.91% for the assessment year 1977-78 ? ' 2. It is conceded that on the day when the funds were transferred to ... the said finding stands, any expenditure or contribution cannot be said to be an allowable expenditure.3. It is agreed that question No. (ii),. regarding deducibility of amount under Section 35B of the Income-tax Act, is covered by the decision of this court in I.T.Rs. Nos. 7 and 8 of 1982 (CIT v. Tharian and Sons : [1987]166ITR607(Ker) ) and I ... K.S. Paripoornan, J.1. The petitioner is the same person in both the O.Ps. He is an assessee to income-tax. The respondent in both these O.Ps. is the Commissioner of Income-tax. The petitioner prays that the following two questions of law may be directed to be referred by the Appellate Tribunal for the decision of this court. The questions ... aforesaid, no referable question of law, formulated question No. (ii), arises for consideration in these cases. 4. In the result, we reject the plea of the petitioner to direct the Income-tax Appellate Tribunal to refer the two questions of law formulated in the two O.Ps. 5. The O.Ps. are without merit. They are dismissed. No costs.

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 ...

Feb 21 2006

Thayyil Enterprises Vs. Income Tax Officer

  • Decided on : 21-Feb-2006

Court : Kerala

Reported in : (2006)206CTR(Ker)654; [2006]287ITR414(Ker); 2006(4)KarLJ40

... cancelled under Section 186(1) of the Income Tax Act, 1961. On going through Ext. P-5 order of the Commissioner, I find for all the relevant years the petitioner-company did not concede any income from business and the petitioner had specifically returned the rental income from building let out by it as income from house ... Income Tax has confirmed the order of the Assessing Officer under the Income Tax Act cancelling renewal of registration of the firm granted to the petitioner under Section 186 of the Income Tax Act for the assessment years 1990-91, 1991-92 and 1992-93. The petitioner is a partnership constituted for construction of a building which is let out on rent. The firm was granted registration under the Income Tax Act ... Income Tax Act, 1961. On going through Ext. P-5 order of the Commissioner, I find for all the relevant years the petitioner-company did not concede any income from business and the petitioner had specifically returned the rental income from building let out by it as income from house property. In order to constitute a genuine firm, the firm should be engaged in business because Section ... Section 186 of the Income Tax Act for the assessment years 1990-91, 1991-92 and 1992-93. The petitioner is a partnership constituted for construction of a building which is let out on rent. The firm was granted registration under the Income Tax Act for the assessment year 1989-90 and the registration was allowed to continue for the subsequent three, assessments years 1990-91 ...

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