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Judgment Search Results Home > Cases Phrase: income tax act Court: kerala Year: 1988 Page 3 of about 41 results (0.028 seconds)

Feb 01 1988 (HC)

Ragam Plastics and ors. Vs. Sales Tax Officer and ors.

Court : Kerala

Decided on : Feb-01-1988

Reported in : [1988]69STC341(Ker)

..... for the purpose of quantifying it.lord uthwatt in wallace brothers & co. ltd. v. commissioner of income-tax [1948] 16 itr 240 stated that the liability to tax arises by virtue of the charging section alone in a case arising upon the provisions of the indian income-tax act, 1922. this dictum has been reaffirmed by the supreme court in kalwa devadattam v. union of india ..... : [1963]49itr165(sc) . based on the above decisions the allahabad high court in m.a. & company v. assistant commissioner (judicial), sales tax [1964] 15 stc 487 held :tax becomes payable when liability to pay tax arises, and liability to pay tax arises by the ..... . 968/80 are not entitled to the benefits of the lower rate of tax as provided for in section 5(3) of the act. exhibit p9 dated 1st january, 1988 (produced along with c. m. p. no. 1609 of 1988) is a communication from the deputy commissioner, agricultural income-tax and sales tax, ernakulam, addressed to the 3rd petitioner wherein it is stated :the board ..... of revenue has clarified that the s. s. i. units enjoying the benefit of exemption will not be eligible for concession under section 5(7) of the act. your petition requesting for the form 18 is therefore rejected .....

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Jun 23 1988 (HC)

M. C. Mathew Vs. Edathwa Panchayat and Others.

Court : Kerala

Decided on : Jun-23-1988

Reported in : [1988]174ITR455(Ker)

..... such return.explanation. - in cases not falling under clause (b) of rule 5 or under rule 7, if the company or person produces the notice of demand of income-tax served on it or him under section 156 of the income-tax act, 1961, for the year comprising the half-year in question, the executive authority shall be bound to take one-half of the ..... income mentioned in such notice of demand as the income derived from the sources on which profession tax is leviable under the act, as the income on the said sources for the purposes of ..... levying profession tax.(3) if no return is made as required under sub-rule (1) or if ..... reputed value of the business transacted, the size and rental of residential and business premises, the quantity and number of articles dealt with, the number of persons employed, the income-tax or agricultural income-tax paid and the return, if any, furnished under sub-rule (1).'the procedural safeguards of rule 10 and the connected rules have not been admittedly complied with before issuing .....

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Aug 01 1988 (HC)

Velayudhan Ramakrishnan and Others Vs. Rajeev and Others.

Court : Kerala

Decided on : Aug-01-1988

Reported in : (1988)73CTR(Ker)1; [1988]174ITR482(Ker)

..... removal of doubts, it is hereby declared that nothing in sub-section (1) shall affect the continued operation of section 281a of the income-tax act, 1961 (43 of 1961), in the state of jammu and kashmir.it will be obvious that section 3 (a) of the draft bill assumed ..... suffer because he has done that why not debar it completely ?'it may incidentally be noted that section 281a of the income-tax act 1961, was introduced by the taxation laws (amendment) act, 1972.the select committee on the taxation laws (amendment) bill, 1969 agreed to the suggestion for the examination by ..... under section 4, repeal of three important statutory provisions is effected : section 82 of the indian trusts act, 1882, section 66 of the code of civil procedure, 1908, and section 281a of the income-tax act, 1961. sub-section (2) of section 4 is not very material for the purpose of the ..... transfers for an illegal purpose.4. repeal of provisions of certain acts. - (1) section 82 of the indian trusts act, 1882 (2 of 1882), section 66 of the code of civil procedure, 1908 (5 of 1908), and section 281a of the income-tax act, 1961 (43 of 1961), are hereby repealed.(2) for the ..... viewed as persons deserving soft and painless treatment. widespread abuses of benami practices by business empires, as revealed from academic studies and decisions in income-tax cases, would give an idea of the oppressive proportion in which benami transactions have undermined values and throttled honest dealers. benami dealings would generate .....

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Aug 01 1988 (HC)

Velayudhan Ramakrishnan and ors. Vs. Rajeev and ors.

Court : Kerala

Decided on : Aug-01-1988

Reported in : AIR1989Ker12

..... the party may suffer because he has done that? why not debar it completely?'25. it may incidentally be noted that section 281 a of the income-tax act. 1961 was introduced by the taxation laws (amendment) act. 1972.26. the select committee on the taxation laws (amendment) bill, 1969 agreed to the suggestion for the examination by the government on existing law ..... in which the benefactor was the muslim mistress. she could not, for obvious reasons, have utility of the river site for religious purposes. the property did not yield enough of income as to presume an intention of a financial accretion to an already well provided mistress. that was the background in which the well known passageon benami transactions happened to be ..... bill and those of the ordinance -- whereby the clause reading: 'nothing in this section shall-- (b) apply in relation to any property held benami at the commencement of this act' -- is proof positive of a deliberate decision to denyprotection to past transactions. the added experience of the government during the intervening fifteen years after the submission of the law commission ..... ripe for drastic action.29. even after the submission of the report of the law commission 1973. follow-up action had only a slow pace. any critical observation of tax decisions containing indications of the trends and tendencies relating to benami practices, would demonstrate the undesirable proportions to which benami practices had been pressed into service to defeat revenue and .....

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Mar 27 1988 (HC)

Malayalam Plantations (India) Ltd. Vs. Commissioner of Income-tax.

Court : Kerala

Decided on : Mar-27-1988

Reported in : (1988)74CTR(Ker)35; [1988]174ITR587(Ker); [1988]40TAXMAN318(Ker)

..... notice of hearing by the inspecting assistant commissioner. counsel for the revenue stressed that rule 40 (5) travels far beyond section 215(4) of the income-tax act, that the statute has given discretion only to the income-tax officer to waive or reduce the interest and in so far as rule 40 (5) envisages that it is open to the inspecting assistant commissioner to ..... petitioner, mr. p. k. kurien, raised many pleas. it was argued :(1) in this case, section 217(1a) of the income-tax act is inapplicable. the levy of interest was under section 217(1a). by a communication dated july 18, 1980, the income-tax officer informed the petitioner that the interest is levied under section 215, though wrongly stated under section 217(1a). this is ..... petition, the controversy is regarding waiver or reduction of interest under section 215(4) of the income-tax act (in short 'the act') for the year 1977-78. by exhibit p-1 assessment order dated march 13, 1980, the income-tax officer levied interest under section 217(1a) of the act in the sum of rs. 12,83,538. by exhibit p-2, dated may 15, 1980 ..... of natural justice. all other pleas raised before us by counsel for the assessee and counsel for the revenue are left open.sections 215(1) and 215(4) of the income-tax act, 1961, are as follows :'215. interest payable by assessee. - where, in any financial year, an assessee had paid advance .....

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Aug 02 1988 (HC)

C. Narayanan Vs. Gangadharan

Court : Kerala

Decided on : Aug-02-1988

Reported in : AIR1989Ker256

..... section 4(1) which b relevant here, reads : -'4(1) section 82 of the indian trusts act. 1882 (2 of 1882), section 66 of the code of civil procedure, 1908 (5 of 1908) and section 281a of the income-tax act, 1961 (43 of 1961), are hereby repealed'. clause (b) of sub-section (3) of section ..... defeat the object sought to be achieved by the ordinance. these provisions do indicate a contrary intention within the meaning of section 6 of the general clauses act and if that be so, no right of the real owner recognised under section 82, in my view, has been preserved. the question therefore is ..... standing in a fiduciary capacity whereas after the coming into force of the ordinance no person can claim the benefit or section 82 of the indian trusts act. to put i differently section 82 stands repealed by implication by section 2 of the ordinance. section 4(1) of the ordinance repealing section 82, ..... this connection be remembered that it is well established principle that though a benami transaction is treated as one recognised under section 82 of the trusts act the benamidar cannot be treated as a trustee or a person standing in a fiduciary capacity because the property does not vest in him but vests ..... dilating on this aspect the learned counsel argues that the transaction which was considered in the suit was one coming under section 82 of the trusts act and therefore the petitioner who holds the property on behalf of the respondent must be treated as a trustee or one standing in a fiduciary capacity .....

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Aug 02 1988 (HC)

C. Narayanan Vs. Gangadharan (No. 2)

Court : Kerala

Decided on : Aug-02-1988

Reported in : [1989]180ITR503(Ker)

..... . section 4(1) which is relevant here reads :'4(1). section 82 of the indian trusts act, 1882 (2 of 1882), section 66 of the code of civil procedure, 1908 (5 of 1908) and section 281a of the income-tax act, 1961 (43 of 1961), are hereby repealed.'19. clause (b) of sub-section (3) of ..... defeat the object sought to be achieved by the ordinance. these provisions do indicate a contrary intention within the meaning of section 6 of the general clauses act and if that be so, no right of the real owner recognised under section 82, in my view, has been preserved. the question, therefore, is ..... in a fiduciary capacity ; whereas, after the coming into force of the ordinance, no person can claim the benefit of section 82 of the indian trusts act to put it differently, section 82 stands repealed by implication by section 2 of the ordinance. section 4(1) of the ordinance repealing section 82, in ..... connection, be remembered that it is a well-established principle that though a benami transaction is treated as one recognised under section 82 of the trusts act, the benamidar cannot be treated as a trustee or a person standing in a fiduciary capacity because the property does not vest in him but vests ..... 20. dilating on this aspect, learned counsel argues that the transaction which was considered in the suit was one coming under section 82 of the trusts act and, therefore, the petitioner who holds the property on behalf of the respondent must be treated as a trustee or one standing in a fiduciary capacity .....

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Mar 03 1988 (HC)

Commissioner of Income-tax Vs. K. Mahim.

Court : Kerala

Decided on : Mar-03-1988

Reported in : [1988]174ITR149(Ker)

k. p. radhakrishna menon j. - the commissioner of income-tax, cochin, is the petitioner. the questions sought to be referred read thus :'1. whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in holding that the revenue has failed to establish that the assessee was the real owner of the properties purchased in the names of three persons, viz., shri k. abdul rahman, k. p. abdulla and k. abdulla kunhi ?2. whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in deleting the addition of income relating to the property purchased in the names of shri k. abdul rahman, k. p abdulla and k. abdulla kunhi ?'after listening to the arguments of counsel on both sides, we are satisfied that the questions sought to be referred are questions of law arising out of the order of the appellate tribunal and they, therefore, require to be referred to this court for opinion.we accordingly direct the income-tax appellate tribunal to draw up the statement of the case and forward the same along with the questions formulated to this court to be dealt with in accordance with law. the original petition is disposed of as above.

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Jul 05 1988 (HC)

Alok Spices Vs. Deputy Commissioner (Appeals), Sales Tax and Agricultu ...

Court : Kerala

Decided on : Jul-05-1988

Reported in : [1988]71STC347(Ker)

..... the assessees have approached this court, under article 226 of the constitution, for a direction to compel the appellate or the assessing authorities functioning under the sales tax act or under the agricultural income-tax act, as the case may be, to exercise the discretion vested in them in accordance with law. in our experience, in almost all the cases which ..... present in court. we explained to him about the mechanical, casual and careless manner on which the authorities functioning under the kerala general sales tax act or the agricultural income-tax act are passing orders in stay petitions, unmindful of their statutory duties and obligations and the irreparable injury and hardship that will ensue as a consequence thereof. ..... court and of other high courts. the said case is reported in purushothaman v. agricultural income-tax officer : [1984]149itr120(ker) . more recently, in dealing with the provisions of the income-tax act, viswanatha iyer, j. had occasion to deal with the matter at length in rajan nair v. income-tax officer : [1987]165itr650(ker) . the aforesaid decisions have referred to relevant decisions of ..... taking into account the submissions made by the member, board of revenue (taxes) in court, it does not appear that the board of revenue which is the highest authority .....

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Dec 13 1988 (HC)

C.S. Kesavan Vs. State of Kerala and ors.

Court : Kerala

Decided on : Dec-13-1988

Reported in : [1989]176ITR375(Ker); (1989)ILLJ404Ker; [1989]72STC432(Ker)

..... that was open to the government was to challenge the order passed by the appellate authority before the higher forums as per the provisions contained in the kerala agricultural income-tax and sales tax acts. without recourse to such a step, the government cannot proceed against the deputy commissioner (appeals) and recover the loss from him. officers invested with quasi-judicial powers are to ..... 11, 1984 ; (e) on refund of the sum of rs. 798.53 unlawfully recovered. 2. a detailed counter-affidavit has been filed on behalf of the secretary, board of revenue (taxes), second respondent. a superintendent of the board of revenue has sworn to the counter-affidavit, the contentions raised therein are that on account of the pendency of disciplinary proceedings against ..... 1. the petitioner, while working as member (departmental), kerala agricultural income-tax and sales tax appellate tribunal, additional bench, ernakulam, retired from service on october 31, 1983, on superannuation. on retirement, the pensionary benefits and gratuity that were legitimately due to him were not paid .....

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