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

Oct 06 2005

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

  • Decided on : 06-Oct-2005

Court : Kerala

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

... 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 and final settlement of liability for the three asst. yrs. 1990-91 ... 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 ... Section 222 [sic-220(2)] of the IT Act which was not included in Ext: P7 demand raised based on declaration furnished by the petitioner. Under Ext. P4 declaration furnished by the petitioner 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 ... Act even in proceedings issued under the KVSS as approved by the Supreme Court in the very same decision cited above, I uphold the demand of interest under Section 220(2) under Ext. Pll(a) for the years 1990-91 and 1991-92. So far as 1993-94 is concerned, in view of the controversy as to whether there was tax ... be corrected by virtue of Section 154 of the IT Act even in proceedings issued under the KVSS as approved by the Supreme Court in the very same decision cited above, I uphold the demand of interest under Section 220(2) under Ext. Pll(a) for the years 1990-91 and 1991-92. ...

Jul 19 2005

P.T. Antony and Sons Vs. Union of India (UOI) and Ors.

  • Decided on : 19-Jul-2005

Court : Kerala

Reported in : [2005]279ITR363(Ker); 2005(4)KLT831

... Tax Act, 1963, hereinafter, the 'KGST Act', for short, and the residence of its managing partner, were searched on November 20, 1990, by the competent authorities under Section 132(1) of the Income-tax Act, 1961, for short, the 'IT Act', resulting in the seizure of certain documents, including two slips showing unaccounted sales. On the basis of the said slips, the Assessing Officer under the Income-tax Act ... of the Income-tax Act. The Settlement Commission issued exhibit P1 order, settling the case of the petitioner in respect of the year 1991-92 by reckoning the profit on the unaccounted turnover at Rs. 18 lakhs.3. In exercise of suo motu revisional power under Section 35 of the KGST Act, exhibit P2 assessment order under that Act, for the year 1990-91, ... the Income-tax Act or under any law for the time being in force, the reopening that is prohibited is only of such matters that are covered by the order of the Settlement Commission under Section 245D(4). Indisputably, the liability of the petitioner to the levy under the KGST Act for the year 1990-91, or its liability under the KGST Act ... apply to affect and impair any proceedings under the KGST Act. This argument is only to be repelled because the provision of Section 245-I in Chapter XIX-A of the Income-tax Act, is predominantly relatable to collection and enforcement under the Income-tax Act and the fields covered by the KGST Act and the Income-tax Act are referable to their respective distinct and exclusive legislative ...

Sep 06 2000

Commissioner of Income-tax and Ors. Vs. T.K. Shahal Hassan Musaliar

  • Decided on : 06-Sep-2000

Court : Kerala

Reported in : [2001]247ITR395(Ker)

... Income-tax Act, 1961, to recover arrears of income-tax due under that Act and, therefore, he is the corresponding authority referred to in the proviso to Section 13(1) of the Indian Finance Act, 1950, and is competent to take proceedings to recover the arrears of tax due under the Travancore Income-tax Act. Regarding the question of validity of the 11 certificates, the Division Bench held as follows (page 91 ... Tax Recovery Officer within the meaning of Section 2(44) of the Income-tax Act, 1961, is an authority constituted under Section 221 of the Income-tax Act, 1961, to recover arrears of income-tax due under that Act and, therefore, he is the corresponding authority referred to in the proviso to Section 13(1) of the Indian Finance Act, 1950, and is competent to take proceedings to recover the arrears of tax due under the Travancore Income-tax Act ... Act and, therefore, the proceedings for attachment under the Income-tax Act, 1961, for the recovery of the arrears due under the Travancore Income-tax Act are bad. (2) Out of the 22 certificates, 11 certificates were issued only after the death of Thangal Kunju Musaliar, mentioning him as the assessee and, therefore, they were invalid under Section 66(3) of the Travancore Income-tax Act and Section 221 of the Income-tax Act, 1961 ...

May 23 1997

R. Sreekumar Vs. State of Kerala and Ors.

  • Decided on : 23-May-1997

Court : Kerala

Reported in : AIR1998Ker77

... wants to construe the income of the petitioner as the income that he would be drawing for 1997-98 i.e. from 1-4-1997 to 31-3-1998. For the purpose of assessing income under the Income-tax Act, Section 4 deals with the charge of income-tax. According to this provision, the income-tax shall be charged for any assessment year in respect of the total income of the previous ... 4-1997 to 31-3-1998. For the purpose of assessing income under the Income-tax Act, Section 4 deals with the charge of income-tax. According to this provision, the income-tax shall be charged for any assessment year in respect of the total income of the previous year of every person. 'Previous year' has been defined under Section 3 which means the financial year immediately preceding the assessment year ... the correct income. The fallacy of the said argument of the learned counsel for the petitioner is that he wants to construe the income of the petitioner as the income that he would be drawing for 1997-98 i.e. from 1-4-1997 to 31-3-1998. For the purpose of assessing income under the Income-tax Act, Section 4 deals with the charge of income-tax. According to ... been defined under Section 3 which means the financial year immediately preceding the assessment year. 'Assessment year'has been defined as the period of 12 months commencing on the first day of April every year. When the certificate is sought for showing the income, the officer has to take note of his income of the previous year and not his future income. As per ...

Jan 28 1981

K. MADHAVAN NAMBIAR Vs. WEALTH-TAX OFFICER, C-WARD, CANNANORE.

  • Decided on : 28-Jan-1981

Court : Kerala

Reported in : [1982]134ITR695(Ker)

... tax Act is in pari materia with section 25A of the Indian Income-tax Act, 1922. The difference in language in section 20 of the Wealth-tax Act has been necessiateddue to the scheme of the Wealth-tax Act as well as the fact that this section was introduced in the main Act itself and was not introduced by the Amending Act as was done in the case of section 25A of the Indian Income-tax Act ... Income-tax Act, 1869 (IX of 1869), the Indian Income-tax Act, 1870 (IX of 1870), the Indian Income-tax Act, 1871 (XII of 1871), Act No. VIII of 1872, Act No. II of 1886, Act No. VII of 1918, Act No. XI of 1922, Act No. 43 of 1961, have treated a Hindu undivided family as a distinct taxable entity. Similarly, under the Wealth-tax Act, 1957 (27 of 1957), and the Gift-tax Act ... section 20 of the Wealth-tax Act is in pari materia with section 25A of the Indian Income-tax Act, 1922. The difference in language in section 20 of the Wealth-tax Act has been necessiateddue to the scheme of the Wealth-tax Act as well as the fact that this section was introduced in the main Act itself and was not introduced by the Amending Act as was done in the case of section ...

Feb 15 1991

COMMISSIONER OF INCOME-TAX Vs. KERALA STATE CO-OPERATIVE MARKETING FED ...

  • Decided on : 15-Feb-1991

Court : Kerala

Reported in : (1992)100CTR(Ker)230; [1992]193ITR624(Ker)

... to exemption under section 80P(2)(a)(iii) of the Income-tax Act. Section 80P grants deduction in respect of certain categories of income of a co-operative society. Section 80P(1) provides that in the case of a society being a co-operative society, the sums specified in sub-section (2) shall be deducted in computing the total income of the assessee. Sub-section (2)(a)(iii) ... 30, 1977, a draft assessment order was passed by the Income-tax Officer on March 16, 1981, determining the assessees total income at Rs. 11,82,230. The objection of the assessee was called for. The Income-tax Officer disallowed the claim of the assessee under section 80P(2)(a)(iii) of the Income-tax Act. He was of the view that cultivators to whom the agricultural ... also. In that case, no claim was made by the assessee before the Income-tax Officer that he was entitled to exemption in respect of its profits under section 84 of the Income-tax Act. The Appellate Assistant Commissioner dismissed the appeal. The Tribunal took a different view and directed the Income-tax Officer to allow appropriate relief for the reason that, since the entire ... income at Rs. 11,82,230. The objection of the assessee was called for. The Income-tax Officer disallowed the claim of the assessee under section 80P(2)(a)(iii) of the Income-tax Act. He was of the view that cultivators to whom the agricultural produce belonged were not members of the assessee-society and as such the society is not entitled to the exemption under section ...

Oct 06 2008

Infopark Kerala Vs. Assistant Commissioner of Income-tax (TDS)

  • Decided on : 06-Oct-2008

Court : Kerala

Reported in : [2010]187TAXMAN1(Ker)

... M. Joseph, J.1. The question that falls for decision is the scope of Section 194LA of the Income-tax Act, 1961, which reads as follows:194LA. Payment of compensation on acquisition of certain immovable property.--Any person responsible for paying to a resident any sum, being in the nature of ... to compulsory acquisition does not come within the purview of Section 10(2)(vii) of the Income-tax Act. I have already extracted Section 10(2)(vii) of the Income-tax Act. The court proceeded to hold that if a transaction amounts to compulsory acquisition, then the transaction does not come under Section 10(2)(vii) of the Income-tax Act. They proceeded to hold as follows:The question arises ... for reference under Section 18. The word 'compensation' occurs in Section 9. The notification under Section 4 of the Act must be followed by the issuance of declaration under Section 6 of the Act. Thereafter, the Collector is obliged to issue notice under Section 9, consider the claims and pass an award fixing compensation. There can be no doubt that Section 194LA of the Income-tax Act will apply ... Section 9. The notification under Section 4 of the Act must be followed by the issuance of declaration under Section 6 of the Act. Thereafter, the Collector is obliged to issue notice under Section 9, consider the claims and pass an award fixing compensation. There can be no doubt that Section 194LA of the Income-tax Act will apply to the compensation awarded by the Collector under the Land Acquisition Act ...

Nov 10 1999

Geo Seafoods Vs. Additional Sales Tax Officer IV and Anr.

  • Decided on : 10-Nov-1999

Court : Kerala

Reported in : [2000]119STC236(Ker)

... Income-tax Act before it was amended, ended on March 31, 1956, It is true that under the amending Act by Section 18 of the Finance Act, 1956, authority was conferred upon the Income-tax Officer to assess a person as an agent of a foreign party under Section 43 within two years from the end of the year of assessment. But authority of the Income-tax Officer under the Act ... of time.'In Commissioner of Income-tax v. Panampunna Estates 1997 KLJ Tax Cases 413, a division Bench of this Court had occasion to consider the amendment of Section 35(2) of the Agricultural Income-tax Act. Section 35(2) before its amendment provided that no order of assessment under Section 18 or reassessment under Sub-section (1) of Section 35 shall be made ... Tax Cases 413, a division Bench of this Court had occasion to consider the amendment of Section 35(2) of the Agricultural Income-tax Act. Section 35(2) before its amendment provided that no order of assessment under Section 18 or reassessment under Sub-section (1) of Section 35 shall be made after the expiry of the three years from the end of the year in which the agricultural income ... Income-tax Act. Section 35(2) before its amendment provided that no order of assessment under Section 18 or reassessment under Sub-section (1) of Section 35 shall be made after the expiry of the three years from the end of the year in which the agricultural income was first assessable. The assessment order was passed on March 29, 1976. So, it was barred under the unamended Act ...

Aug 28 1991

Jose Kuruvilla Vs. Commissioner of Agricultural Income-tax

  • Decided on : 28-Aug-1991

Court : Kerala

Reported in : [1992]197ITR13(Ker)

... Income-tax Rules, 1951, has no application to the present case. The said rule provides that the written down value shall be the actual cost of the assets so acquired less all depreciation actually allowed in respect of such assets, either under the Agricultural Income-tax Act, 1950, or the corresponding Act in force prior thereto. Under Section 5(1) of the Agricultural Income-tax Act ... the following :'Section 5 of the Agricultural Income-tax Act, 1950 : 5. Computation of agricultural income.--The agricultural income of a person shall be computed after making the following deductions, namely-- . . . (1) in respect of depreciation of buildings, machinery, plant and furniture which are the property of the assessee and are required for the purpose of deriving the agricultural income, a ... assessee alone is the determining factor. A substantially similar provision that occurred in the Income-tax Act (section 10(5) of the Act of 1922) came up for consideration before the Calcutta High Court in CIT v. Kamala Mills Ltd. : [1949]17ITR130(Cal) . Under the said Act, 'written down value' means, in the case of assets acquired before the previous year ... under the law in force' cannot be accepted. Similarly, in Dharampur Leather Cloth Co. Ltd. v. CIT : [1965]55ITR329(Bom) , the Bombay High Court, construing Section 10(5)(b) of the Indian Income-tax Act, 1922, observed thus (at page 336) :'It necessarily follows that if in the prior years no depreciation has been actually allowed, then the actual ...

Jan 19 2009

Kerala Rural Employment and Welfare Society Vs. Assistant Director of ...

  • Decided on : 19-Jan-2009

Court : Kerala

Reported in : [2009]312ITR51(Ker); [2009]184TAXMAN93(Ker)

... Section 119(2)(b) of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby authorises the Commissioners of Income-tax to admit applications under Section 11(2) read with Rule 17 of the Income-tax Rules, 1962, from persons deriving income from property held under the trust wholly for charitable or religious purposes for accumulation of such income to be applied for such purposes stipulated. Commissioners of Income-tax ... Act, 1955, hereinafter referred to as the Act. The membership of the society consists of panchayats in the State of Kerala and the society itself is a Government of Kerala undertaking. It is registered under Section 12A of the Income-tax Act, 1961. It is entitled to exemption from income-tax under Sections 11 and 13 of the Income-tax Act ... section (1) of Section 139 of the Income-tax Act and there is no scope elongating the period with the support of Section 139(4). He also supported the order of the Commissioner rejecting the application for condonation of delay.6. In order to appreciate the contentions raised by the parties, it is necessary to refer to Section 139(1) as also Section 139(4) of the Income-tax Act. Section ...

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