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Judgment Search Results Home > Cases Phrase: income tax act Court: kerala Year: 1988 Page 1 of about 41 results (0.026 seconds)

Feb 23 1988 (HC)

Commissioner of Income-tax Vs. A. Yunus Kunju

Court : Kerala

Decided on : Feb-23-1988

Reported in : [1991]189ITR672(Ker)

..... fact that it is only shown for facility for greater credit. that is why those authorities did not ask for the explanation of the assessee under section 69a of the income-tax act, 1961, to show the source for these alleged investments of raw nuts and kernels in trust, etc. it is only before the tribunal that the department has raised a ground ..... in paragraph 13 of the original petition.8. the only other question is whether the assessee is entitled to weighted deduction under section 35b of the income-tax act on office and other miscellaneous expenses. the commissioner of income-tax (appeals) allowed weighted deduction in the light of the special bench decision of the tribunal in the case of j. hemchand and co., which was ..... ) ? 4. whether, on the facts and in the circumstances of the case, the assessee is entitled to weighted deduction under section 35b of the income-tax act on office and other miscellaneous expenses ? 5. whether, on the facts and in the circumstances of the case, and in view of the finding that the addition/enhancement is based ..... both these original petitions. the same assessee is the respondent in both the cases. the matter arises under the income-tax act. both the original petitions relate to the assessment year 1979-80. in these two original petitions filed under section 256(2) of the income-tax act, the revenue prays that the appellate tribunal may be directed to refer the questions of law, formulated in .....

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Sep 29 1988 (HC)

Alukkas Jewellery Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Sep-29-1988

Reported in : (1989)76CTR(Ker)114; [1989]176ITR198(Ker)

..... sukumaran, j. 1. a common question is involved in these nine writ petitions. it relates to the interpretation of section 273a of the income-tax act, 1961, and, in particular, the scope and ambit of explanation 2 thereof. 2. three firms and their partners are involved as ..... . soon thereafter, the firms filed a petition, exhibit p-1 dated february 4, 1985, under section 273a of the act. similar petitions have been filed by the partners also. the income-tax officer passed orders on march 3, 1987. the contention of the assessees in relation to the waiver of penalty andinterest was ..... ) and (c), co-operated in any enquiry relating to the assessment of his income and has either paid or made satisfactory arrangements for the payment of any tax or interest payable in consequence of an order passed under this act in respect of the relevant assessment year. explanation 1.--for the purposes of this ..... sub-section, a person shall be deemed to have made full and true disclosure of his income or of the particulars ..... be satisfactorily explained ; some were cases where the return was filed at the instance of, but not due to any inducement or compulsion, from the income-tax officer. 13. counsel for the petitioners submitted that when a full disclosure is made in the revised return, the commissioner is well within a compulsive .....

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Dec 21 1988 (HC)

Lord Krishna Bank Ltd. Vs. Income-tax Officer and ors.

Court : Kerala

Decided on : Dec-21-1988

Reported in : (1989)76CTR(Ker)62; [1989]176ITR508(Ker)

..... the date the collector has taken possession of land compulsorily acquired is interest paid for the delayed payment of the compensation and is, therefore, a revenue receipt liable to tax under the income-tax act.' 12. the principle underlying the award of interest is that the party is compensated for keeping back the amount due and payable to him. it retains the profit the ..... sum. under section 199, the deduction made and paid to the government is treated as payment on behalf of the person who earned the income. 10. it could be thus seen that chapter xvii of the income-tax act empowers the collection of tax on income earned at the time of the receipt itself, whereas the provisions contained under sections 202 - 213 are for paying the ..... petition raises the question as to the liability of the central government to pay interest to assessees under the provisions of the income-tax act, 1961, on the difference between the aggregate of the income-tax deducted at source under the provisions of sections 193, 194 and 194a of the act and paid to the credit of the central government under section 200 of the said ..... tax in advance before the income is actually received and during the year the income is accruing. this payment in advance is on estimate. to safeguard the .....

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Feb 02 1988 (HC)

Commissioner of Income-tax Vs. Travancore Tea Estates Co. Ltd.

Court : Kerala

Decided on : Feb-02-1988

Reported in : (1988)71CTR(Ker)1; [1988]172ITR733(Ker)

..... was right in holding that the assessment order had totally merged in the order of the appellate assistant commissioner and that consequently the order by the commissioner of income-tax under section 263 of the income-tax act, 1961, is not legally sustainable ?'2. in respect of the assessment year 1977-78, relevant to the accounting period ending on december 31, 1976, the commissioner ..... karsandas bhagwandas patel v. g.v. shah, ito : [1975]98itr255(guj) considered the scope of merger in the context of section 35 of the indian income-tax act, 1922, and held that the order of the income-tax officer was available for rectification by him even after the decision of the appellate authority in regard to matters which had not been dealt with by ..... of income-tax (the 'commissioner') in exercise of his power under section 263 of the income-tax act, 1961, revised the order of assessment, although that order had been already appealed against by the assessee and the appeal had been allowed by ..... of the appellate authority, section 263 cannot operate. the scope of sections 33b and 33a of the indian income-tax act, 1922 (the 'old act'), which, in scope, are identical respectively to sections 263 and 264 of the present act was considered by the supreme court in cit v. amritlal bhogilal & co. : [1958]34itr130(sc) . the supreme court stated (pp. 139 and 140):'the .....

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Aug 30 1988 (HC)

K.V. Moosa Koya and Co. Vs. Income-tax Officer and anr.

Court : Kerala

Decided on : Aug-30-1988

Reported in : (1988)74CTR(Ker)14; [1989]175ITR120(Ker)

..... the assessment year 1974-75 the revenue has placed reliance on section 41(1) of the income-tax act to include the refund obtained by the assessee in the assessable income for the year 1974-75. section 41(1) of the income-tax act is as follows :'41. profits chargeable to tax.--(1) where an allowance or deduction has been made in the assessment for any year in ..... to the decision in e. d. sassoon's case : [1954]26itr27(sc) and posed the question as to the point at which income could be said to 'accrue or arise' to an assessee for the purpose of the indian income-tax act. the fact that the award was made by the arbitrator on july 29, 1955, relevant for the assessment year 1956-57, was ..... pending before the supreme court and can the refund made even before the said date be brought to tax in the year in which it was refunded ?5. the general import of section 41 of the income-tax act, as stated in chaturvedi and pithisaria's income tax law, third edition, at page 1531, is as follows :'section 41 enacts adjustment provisions whereby the revenue takes ..... second respondent dismissed the revision by exhibit p-3 order dated march 26, 1982. he held that section 41(1) of the income-tax act will apply and the amount refunded on may 28, 1973, was rightly included as the income for the assessment year 1974-75. in this originalpetition, the attack is against exhibit p-1 assessment order, as affirmed by exhibit p .....

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Jan 19 1988 (HC)

Commissioner of Agricultural Income-tax Vs. Darico Cannings Ltd.

Court : Kerala

Decided on : Jan-19-1988

Reported in : [1988]173ITR390(Ker)

..... that the tribunal had lost sight of the fact that, subsequent to the decision of the supreme court relied on by the tribunal, section 5 of the agricultural income-tax act, 1950, was amended by act no. 9 of 1961, with effect from april 1, 1951, by the insertion of explanation 2. he refers to the decision of this court in commr. ..... the two heads ' weeding charges ' and ' fertiliser charges ', respectively, are allowable deductions under the provisions of section 5 of the kerala agricultural income-tax act, 1950 '2. in respect of the assessment year 1970-71, the agricultural income-tax officer disallowed the sums of rs. 37,629.32 and rs. 11,756.05 being expenditure claimed for fertilisers and weeding charges, respectively, on ..... deduction of any expenditure laid out or expended for the cultivation, upkeep or maintenance of immature plants from which no agricultural income has been derived during the previous year.' 5. the agricultural income-tax officer had found, as a matter of fact, that the amounts disallowed by him represented expenditure in relation to immature plants. that finding of fact has ..... the ground that the said expenditure had been incurred on immature plants from which no agricultural income had been derived. this decision was, on appeal by the assessee, affirmed by the appellate assistant commissioner of agricultural income-tax and sales tax, palghat. on further appeal by the assessee, the tribunal reversed the finding of the authorities below and held .....

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Jun 14 1988 (HC)

Balan Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jun-14-1988

Reported in : [1990]79STC235(Ker)

..... so far as the second respondent is deemed to have intended to recover under section 25 only to the extent that it is permissible under section 226(2) of the income-tax act, i direct respondents 2 and 3 to recover from the petitioner's salary only to the extent that such recovery would be consistent with the extent of recovery of salary ..... total deprivation of the employee's salary. a reasonable recovery is possible only if it is limited in the manner provided under the proviso to section 226(2) of the income-tax act. that sub-section and the proviso to it read :'226. other modes of recovery .--(1) ..................(2) if any assessee is in receipt of any ..... in such a way as to retain the benefit of section 60, code of civil procedure, 1908, as it is in fact the case under section 226 of the income-tax act, 1961, will be draconian in effect. the petitioner has no other income and if his salary is completely withheld from him in purported compliance with section 25 of the kerala general sales ..... tax act, the petitioner, counsel points out, would be totally deprived of his livelihood, and such an action is contrary to the legislative intent, and, in any view, violative of the petitioner .....

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Oct 07 1988 (HC)

Aniyan and ors. Vs. Federal Bank Ltd.

Court : Kerala

Decided on : Oct-07-1988

Reported in : [1991]71CompCas328(Ker)

..... section 222 or without any proceeding being taken under that section.'14. it is thus clear that the two remedies provided for under the income-tax act in regard to recovery of arrears of tax are not inconsistent or alternative. they, in fact, are co-existent and not alternative. the said decision, therefore, has no application.15. to sum up the ..... section 222 provides for recovery of the arrear tax through the tax recovery officer to whom certificate is issued by the income-tax officer, section 226 provides other modes of recovery which may be adopted concurrently with proceedings under ..... the said decision, was considering the authority of the income-tax officer to recover the tax arrears which is the subject-matter of the tax recovery certificate he had forwarded to the tax recovery officer. considering this question, the court observed as follows (headnote) :'a plain construction of sub-section (1) of section 226 of the income-tax act, 1961, will lead, to the inevitable conclusion that although .....

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Jan 19 1988 (HC)

Commissioner of Agricultural Income-tax Vs. Good Hope Plantation

Court : Kerala

Decided on : Jan-19-1988

Reported in : (1988)69CTR(Ker)146; [1988]170ITR173(Ker)

t. kochu thommen, j. 1. the question which we should have thought was too simple to attract any controversy is :'is the tribunal justified in holding that 'motor car' in entry iii-b(i) of the statement of rule 9 of the agricultural income-tax rules, 1951, includes a 'jeep' ?'2. the tribunal, not surprisingly and in our view rightly, held that the expression 'motorcar' includes a jeep. in common parlance, a jeep is understood as a sturdy motor car. that is in fact the dictionary meaning : see the concise oxford dictionary. that meaning is in harmony with the definition of 'motor car' under the motor vehicles act : see section 2(1). in the circumstances, the tribunal, in our view, rightly found that 'motor car' includes a jeep for the purpose of deduction under section 5 of the agricultural income-tax act read with rule 9 of the agricultural income-tax rules. accordingly, we answer the question in the affirmative, that is, in favour of the assessee and against the revenue.3. we direct the parties to bear their respective costs in this tax referred case.4. a copy of this judgment under the seal of the high court and the signature of the registrar shall be forwarded to the agricultural income-tax appellate tribunal, trivandrum.

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Jan 08 1988 (HC)

C.G. Balakrishnan and ors. Vs. Income-tax Officer

Court : Kerala

Decided on : Jan-08-1988

Reported in : [1988]171ITR1(Ker)

..... the offences punishable under section 193 read with section 109, indian penal code, section 471 read with section 465, indian penal code, and sections 277 and 278 of the income-tax act, 1961. all these accused were found guilty of having committed various offences and the first accused was sentenced to pay a fine of rs.' 1,000 for each the offences ..... the question in issue and in an appropriate case it may drop the proceedings in the light of an order passed under the act. it does not, however, mean that the result of a proceeding under the income-tax act would be binding on the criminal court. the criminal court has to judge the case independently-on the evidence placed before it.'6 ..... ito v. kerala oil mills : [1986]162itr292(ker) . that was a case where the complaint was filed by the income-tax officer, special circle, ernakulam, though the income-tax proceedings were pending before the income-tax officer, b-ward, alleppey. this court held that the income-tax officer, special circle, ernakulam, was not competent to file the complaint. this decision, though it arises on similar facts, cannot ..... and sentence have been upheld by the lower appellate court.4. the revision petitioners challenge the conviction and sentence on several grounds. it has been contended that the income-tax proceedings were pending before the income-tax officer, b-ward, company circle, ernakulam, and exhibit p-65 assessment order was also passed on march 22, 1972, and thereafter the entire proceedings were .....

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