Court : Kerala
Decided on : Nov-08-2004
Reported in : (2005)195CTR(Ker)50; 274ITR77(Ker)
..... section 35(2) of the act enables an agricultural income-tax officer to issue notice to such person, if any in his opinion, is assessable to tax under this act in respect of the agricultural income-tax during the previous year and requiring him to furnish a ..... bring the properties for attachment and sale to realise the tax arrears.6. before proceeding to consider the rival submissions, it is useful to refer to some of the statutory provisions, which have a bearing in deciding the issue arising for consideration in the case. section 35 of the kerala agricultural income-tax act, 1991, deals with the procedure for assessment and as per ..... best judgment basis.7. in the case of escaped assessment, that is to say if for any reason, agricultural income chargeable to tax under the act has escaped assessment in any financial year or has been assessed at too low a rate, the agricultural income-tax officer may at any time, within ten years of the end of that year and subject to the provisions ..... it is a fit case for issue of such notice.8. as per section 45 of the act, when any tax, penalty or any other sum is payable in consequence of any order passed under this act or in pursuance of a return filed, the agricultural income-tax officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum .....Tag this Judgment!
Court : Kerala
Decided on : Nov-10-2004
Reported in : (2005)195CTR(Ker)364; 274ITR549(Ker)
..... due to the assessee and written off by it is not a 'capital asset' within the meaning of that term contained under section 2(14) of the income-tax act. we also feel there is some substance in this contention. however, we do not think it necessary nor is possible for us to decide an issue in ..... the debt due from the sick industry and so much so, there is a transfer of capital asset within the meaning of section 2(47) of the income-tax act and allowed the appeal. the department filed appeal against the order of the commissioner (appeals) and the tribunal allowed the department-appeal holding that there is ..... debt in the previous year relevant to the assessment year 1989-90. first the assessee claimed deduction of bad debt under section 36(1)(vii) of the income-tax act for the assessment year 1989-90, which was disallowed. even though an appeal was filed against disallowance of bad debt for the assessment year 1989-90, ..... the supreme court wherein they have disapproved their earlier decision in vania silk mills p. ltd. v. cit : 191itr647(sc) relied on by the tribunal. amalgamation is specifically covered by chapter iv-e of the income-tax act dealing with capital gains and so much so, the facts are not in any way comparable with the ..... c.n. ramachandran nair, j.1. this is an appeal filed by the asses-see under section 260a of the income-tax act, 1961, against the order of the appellate tribunal confirming disallowance of capital loss in respect of an amount advanced by the assessee to m/ .....Tag this Judgment!
Court : Kerala
Decided on : Apr-06-2004
Reported in : 2004(2)KLT585
..... to those decisions in our judgment. in our view the fair interpretation of the statutory provision as it now stands under the income tax act, 1961, would be as propounded by the division bench of the allahabad high court in commissioner of income tax v. virmani industries (p) ltd. : 97itr461(all) . even if we were inclined to be of opinion bearing in mind the ..... decisions rendered on the construction of the proviso to section 10(2)( vi) of income tax act, 1922, in regard to the proper meaning given to the provisions of section 32(2) of the act, does not constitute a binding authority in as much as the provisions contained in the act of 1961 has ceased to be a proviso as was the case under the ..... tribunal, cochin bench has referred the following question of law under s. 256(1) of the income tax act, 1961 (for short 'the act') for decision by this court at the instance of the revenue.'whether, on the facts and circumstances of the case the tribunal is right in law in holding that the ..... the partners derive a double advantage of setting off of the unabsorbed depreciation it is stated that though a firm and its partners are distinct assessees for the purpose of income-tax, the act still recognises the principle that a firm is only a compendious name for its partners and that the business carried on by the firm is as well a business .....Tag this Judgment!
Court : Kerala
Decided on : Jun-14-2004
Reported in : (2004)190CTR(Ker)405; 273ITR278(Ker)
..... 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') 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 ..... was right in holding that the profits of eligible business computed in accordance with the requirements of parts ii and iii of schedule vi to the companies act, 1956, should be reduced by income from coffee, income from investments, interest and rent for the purpose of computing the deduction allowable under sub-clause (ii) of clause (b) to section 32ab(1)?'so ..... not all the other.5. this court had occasion to interpret the profits of eligible business under section 32ab of the it act. in cit v. apollo tyres ltd. : 237itr706(ker) , it is stated thus :'section 32ab provides that where an assessee, whose total income includes income chargeable to tax under the head 'profits and gains of business or profession', has, out of such ..... consideration. the assessee claimed deduction under section 32ab of the it act on its entire income including the income from coffee, income from investments, interest and also rent on buildings. learned counsel submits that even though the source of the amount for deposit or purchase of the new machinery should come from income chargeable to tax under the head 'profits and gains of business', the definition .....Tag this Judgment!
Court : Kerala
Decided on : Nov-26-2004
Reported in : (2005)193CTR(Ker)393; 2005(1)KLT173
..... in the absence of provision to that effect in the decree is the point to be considered,19. the income tax act is a central act. chapter xvii of the income tax act, 1961 cast an obligation on the authorities concerned to deduct tax at source. for deducting tax at source, no special or specific orders of any court is necessary. if there is a decree of a ..... necessary certificate from the land acquisition officer and he cannot be allowed to raise a contention that the land acquisition officer is not entitled to deduct amount payable under the income tax act.adjustment of the amount deposited:30. the learned counsel appearing for the respondent, relying on the decisions reported in meghraj and ors. v. mst. bayabai and ors. : 1scr523 ..... has to be adjusted towards the principal amount. according to the claimant, the land acquisition officer is not entitled to deduct any amount towards the amount payable under the income tax act. the learned senior government pleader has argued that the adjustment of the amount deposited towards interest first in view of the provisions contained in order xxi r.1 of the ..... bikram singh v. land acquisition officer : 224itr551(sc) , the apex court held the interest received on delayed payment of compensation under the land acquisition act was revenue receipt exigible to tax under section 194a of the income tax act. a learned single judge of this court in m. kumaran v. state of kerala : 239itr848(ker) , following the principles laid down in rama .....Tag this Judgment!
Court : Kerala
Decided on : Mar-12-2004
Reported in : 271ITR178(Ker)
..... find that there is any excessive delegation nor is there any delegation of essential legislative functions to the rule making authority. in the circumstances, section 17(2)(vi) of the income-tax act cannot be struck down as violative of any of the constitutional provisions.the next question is as to whether rule 3 as contended is liable to be struck down on ..... . a division bench of the allahabad high court in p. n. tiwari v. union of india : 265itr224(all) also upheld the validity of section 17(2)(vi) of the income-tax act, 1961, following the decision of the karnataka high court in bhel employees' association v. union of india : 261itr15(kar) . reference was also made to the decision of the supreme ..... the delegation is excessive or whether the legislature has abdicated its essential functions in this connection, it has to be examined the scope of section 17(2)(vi) of the income-tax act as to whether it is liable to be struck down on the ground of excessive delegation sub-clauses (i) to (v) of clause (2) of section 17 specify what are ..... merely include what is received but also what one gains by exploiting or using a relationship, property or benefit. reference is also made to sections 15 and 17 of the income-tax act and it is contended that the word 'salary' includes 'any payment' received by an employee from an employer which includes various benefits, perquisites, fees, commission, profits, in lieu of or .....Tag this Judgment!
Court : Kerala
Decided on : Mar-05-2004
Reported in : (2008)11VST860(Ker)
..... held that even assuming that search and seizure may be in contravention of section 132 of the income-tax act, 1961, still the material obtained thereby is liable to be used subject to law before the income-tax authorities against the person from whose custody it is seized and, therefore, no writ of prohibition in ..... that even though a search and seizure may be in contravention of section 132 of the income-tax act, 1961, still the material obtained thereby is liable to be used subject to law before the income-tax authorities against the person from whose custody it is seized and, therefore, no writ of ..... illegal search can be relied on for making an assessment or in another proceedings the supreme court in pooran mal v. director of inspection (investigation) income-tax, new delhi : 93itr505(sc) has held that in india, as in england, where the test of admissibility of evidence lies in relevancy ..... assessment order based on documents or account books seized under sub-sections (2) and (4) of section 41 of the madras general sales tax act, 1959. the petitioner therein sought to quash the assessment order inasmuch as the same was based on documents or accounts which had been seized ..... no.l0/304(1), college road, palakkad, from april 9, 2003. the petitioner applied for registration under the central sales tax act, 1956 and under the kerala general sales tax act, 1963 on april 7, 2003 evidenced by exhibits p1 and p2 respectively. the registering authority conducted a shop inspection on may .....Tag this Judgment!
Court : Kerala
Decided on : Oct-15-2004
Reported in : 291ITR385(Ker)
..... s. sankarasubban, j.1. these references arise under the kerala agricultural income-tax act. the question referred in these cases is as follows:whether, on the facts and circumstances of the case, is the finding of the tribunal that income from 60.79 acres of unregistered coffee area is not included in the accounts of the assessee ..... in so far as the coffee can be sold only through m/s. pierce leslie, there is no basis for the department to state that the entire income has not been returned.6. in the above view of the matter, we hold that the orders passed by the tribunal are not correct and hence, ..... , for which no coffee registration was obtained.5. the contention of the assessee was that so far as they are concerned, they have returned the entire agricultural income from the property. further, it was submitted that with regard to coffee, they cannot sell coffee to outsiders, but it can be sold through m/s. ..... income of rs. 1,22,520. the assessing officer rejected the account of the assessee and enhanced the income with regard to the years 1982-83 and 1983-84.3. aggrieved by the orders, the assessee filed ..... of the case are as follows:2. the assessee owns an estate by name 'woodland estate' in kalpetta. the assessee derived agricultural income from coffee, pepper, arecanut, coconut, cardamom and cocoa. the assessment years are 1982-83 and 1983-84. the assessee returned an .....Tag this Judgment!
Court : Kerala
Decided on : Nov-09-2004
Reported in : (2008)11VST398(Ker)
..... court inter alia observed as follows:8. we should say that no question of bar of limitation arises in suo motu revision proceedings initiated under section 34 of the agricultural income-tax act. the act does not provide any time-limit within which the proceeding should be initiated. the power is vested in very wide terms. it is trite law that such statutory power ..... to facts of each case. it is to be noted that in the first decision cited above, the order sought to be revised under section 34 of the kerala agricultural income-tax act was passed more than ten years back. even after noticing a of delay of 10 years in passing a suo motu revisional order, this court did not cancel the revisional ..... order revised. three to four years limitation period is seen provided for rectification of mistake, suo motu revisions, etc., in the central income-tax act. therefore, and particularly in the absence of any limitation provided under section 45a(5) of the act and in view of the observations made in the judgments above referred, i am inclined to hold that exhibit p10 order passed ..... has also relied on the decisions of this court in nelliampathy tea and produce co. ltd. v. commissioner of agricultural income-tax : 190itr227(ker) , teekoy rubbers (india) ltd. v. commissioner of agricultural income-tax : 219itr615(ker) and john v. addl. sales tax officer  3 klt 431. government pleader on the other hand contended that exhibit p10 order was issued after issuing notice .....Tag this Judgment!
Court : Kerala
Decided on : Aug-20-2004
Reported in : (2004)192CTR(Ker)17; 272ITR243(Ker)
..... follows :'whether, on the facts and in the circumstances of the case and considering that a search was conducted on the premises of the assessee under section 132 of the income tax act, is the tribunal right in law in holding that the assessee is entitled for the benefits under amnesty circular ?'2. the assessee filed the return of ..... therefore, the assessee was not entitled to the benefits under the amnesty circulars. the dy. cit(a) confirmed the order of the ao. the assessee took up the matter in appeal before the tribunal. the tribunal held that the assessee was entitled to the benefits under ..... income for the asst. yr. 1985-86 claiming the benefits of amnesty circulars. the ao rejected the claim of the assessee on the ground that no full disclosure was made and, .....Tag this Judgment!