Court : Kerala
Decided on : Jul-30-2012
Reported in : 2012(4)KLT20(SN)(C.No.21)
..... ramachandran nair, j. the appellant, a doctor, who is an assessee before the deputy commissioner of income tax, kozhikkode, was assessed under section 153c read with section 153a of the income tax act, 1961 (hereinafter referred to as the act for short) based on evidence gathered in the course of search of another assessee at mangalore. when the searched assessee's assessment was taken up under section ..... officer of the appellant to make assessments on the appellant under section 153c read with section 153a of the act. while learned counsel for the appellant has relied on the decision of the supreme court in manish maheshwari v. asst. commissioner of income tax and another, reported in 289 itr 341, learned standing counsel for the revenue has relied on the division bench ..... previous year in which search was made and therefore for that year section 153a or section 153c has no application. however, the contention of the learned standing counsel for the income tax department, which found acceptance with the learned single judge, is that though in the assessment order for the year 2009-10 all the connected sections of the ..... decision of this court in commissioner of income tax v. panchajanyam management agencies and services, reported in 333 itr 281 (ker). we do not think there is any need to go to both these decisions because even though section .....Tag this Judgment!
Court : Kerala
Decided on : Feb-16-2012
..... is whether the tribunal was justified in holding that a "seminary" teaching students for priesthood is an educational institution entitled to exemption from tax u/s 10(23c)(iiiad) of the income tax act. one additional question raised is whether the tribunal was justified in holding that the respondent was entitled to claim exemption u/s 10(23c ..... 5. the hon'ble supreme court in national thermal power co. ltd. v. commissioner of income tax. 229 itr 383 held that a pure question of law can be raised at any stage of the proceedings under the i.t. act. the ground raised in appeal by the assessee based on 10 (23c)(iiiad) is certainly ..... , there cannot be any controversy that religious teaching is also education within the meaning of the term contained in s.10 (23c)(iiiad) of the i.t.act. 3. it is well known that 'theology' is a subject taught in western universities and degrees and even ph.ds. are awarded in 'theology' by ..... institution" entitled for exemption u/s 10 (23c)(iiiad) of the i.t.act. 4. the next question raised is whether the respondent admittedly a religious institution which is entitled to exemption from tax u/s 11 of the i.t.act, can claim benefit of exemption under s.10(23c)(iiiad). in this case ..... for want of registration u/s 12a, the respondent forfeited their claim for exemption u/s 11 of the act. when this happened at the assessment .....Tag this Judgment!
Court : Kerala
Decided on : Dec-31-2012
..... .451/89 dated 5 6.1989. ext.p2 true copy of the relevant portion of the notification issued under section 19 a(iii)(f) of the income tax act reported in the a.n.aiyar's indian tax laws 2002 ext.p3 true copy of the letter dated 23 5.2007 issued by the petitioner to the 3rd respondent bank. ext.p4 true copy ..... that they fall within the purview of the notification issued by the government of india under section 194 (a)(iii) (f) of the income tax act and thus entitled to be exempted from deduction of tax and source on the interest income received by them.2. section 194 a (iii) (f) states that the provisions of sub section 1 of section 194 a shall not ..... . 30034 of 200.-3- 5. be that as it may, section 197 of the income tax act authorises the assessing officer to grant certificate as contemplated therein if he is satisfied that the total income of the recipient justifies deduction of tax at a lower rate or without any deduction of income tax. therefore, i dispose of this writ petition leaving it open to the petitioner to ..... approach the assessing officer by making an application under section 197 of the income tax act. the writ petition is disposed of as above. antony .....Tag this Judgment!
Court : Kerala
Decided on : Jan-03-2012
..... that filed returns under the agricultural income tax act and remitted tax on income treating the entire income from the sale of palm oil as agricultural income. after reopening of the assessments for the years 1997-98 to 2001-02 the income tax department proceeded to make regular assessments under the income tax act for subsequent years also on that part of the income which is business income from palm oil applying rule 7 ..... assessments for all assessment years in line with the assessments completed by the first respondent under central income tax act and assess only so much of the income attributable operations under the ait act. excess tax if any paid under the ait act should be refunded to petitioner. 7. petitioner will remit tax to the central income tax department for the assessment years 2005-06 onwards based on the central ..... crude palm oil earned by the petitioner to be assessed as 100% agricultural income by the agricultural income tax authorities of the state of kerala. for the first time in 2004 the assessing officer under the income tax act proposed to reopen the assessments completed under the act for bringing to tax, business income from palm oil for the assessment years 1997-98 to 2001-02. however for these .....Tag this Judgment!
Court : Kerala
Decided on : Aug-17-2012
..... assessee is only 25% after giving deductions to expenditure incurred on business. this is a concept familiar in the assessment of income tax under the income tax act and is totally alien to assessment of sales tax, which is to be done at the price or value for which the goods are sold. 29. the hon'ble ..... of the exigibility of the second sale conducted by the assessee within the state under section 5(2) of the kerala general sales tax act, 1963, hereinafter referred to as "the act", arises in the above revisions. the question with respect to classification is raised in s.t.rev.nos.353 of 2006 and ..... the present provision arising in the above case. however, the clear words employed in the karnataka general sales tax act, 1957 provided that in the case of any goods liable to tax under the act being produced or manufactured by a dealer with the brand name or trademark of another dealer, then the subsequent ..... and the subsidiary were the part of a group company and the sale made between the two group companies was only to avoid sales tax payable under section 5(2) of the act. the review, in fact, was dismissed with costs of rs.25,000/-. 25. elite foods private limited (supra) was concerned ..... permitted users of the aforesaid trademark/ brand name, does not amount to sale under a brand name and consequently is inexigible to tax under section 5(2) of the kgst act?" 6. we have heard the learned government pleader appearing for the state and senior counsel sri.a.k.jayasankar nambiar appearing for .....Tag this Judgment!
Court : Kerala
Decided on : Feb-10-2012
..... least for payments over a certain limit in cash, black money generation and circulation cannot be controlled because the disincentives on cash dealings contained under the various provisions of the income tax act have failed to achieve the objective. further, by prohibiting use of cash in major transactions terror and mafia funding and corruption could be arrested to a large extent. above ..... 1988-89 to 1997-98 (relevant for the period from 01/04/1987 to 24/07/1997) under sections 158bc and 158bfa(2) respectively of the income tax act, 1961 (hereinafter referred to as the act for short). these proceedings were completely based on search made in the residential and business premises of the assessee on 24/07/1997 under section 132 of ..... stated hereunder. 3. the assessee is a leading producer and distributor of motion pictures in kerala. a search was made by the intelligence wing of the income tax department under section 132 of the act in the residential and business premises of the assessee on 24/07/1997, which led to recovery of various incriminating documents and books of accounts and details ..... (1)(c), which provides for penalty for concealment of income, section 158bfa(2) provides for mandatory penalty in respect of tax assessed on undisclosed income other than undisclosed income admitted without further contest and on which tax is paid based on return filed by the assessee against notice issued under section 158bc(a) of the act. applying the above provision, what we notice is that .....Tag this Judgment!
Court : Kerala
Decided on : Aug-14-2012
..... , the word 'or' was read as 'and' by the apex court, as the result produced by reading 'or' in section 42(2) of the income tax act, 1922 could not have intended. 13. in s. krishnan and others v. state of madras a.i.r. (38) 1951 sc 301, it was ..... regulation of trade and commerce, production, supply and distribution of cigarettes and other tobacco products and for matters connected therewith or incidental thereto the aforesaid act (act 34 of 2003) was passed by the parliament. 8. it is also worthwhile to refer section 24 also which reads thus: "(1) any ..... especially below 18 years and it was to remedy that malady sub section (i) was incorporated in section 118 of the act. the courts should always presume in favour of constitutionality of the statute because there is always a presumption that the legislature understands and correctly ..... legislation. the intention of the legislation in incorporating section 118(i) in kerala police act was with a laudable object. legislature was bearing in mind the pernicious and deleterious effect of intoxicating substances including tobacco products on the children, ..... substance or intoxicating substance near school premises for sale that also would attract the penal provision contained in section 118(i) of kerala police act, 2011. 56. the learned public prosecutor would submit that the court should always interpret the constitutional provisions bearing in mind the object of the .....Tag this Judgment!
Court : Kerala
Decided on : Aug-22-2012
Reported in : 2012(3)KLJ867; 2012(3)KHC775; 2012(3)KLT881; 2012(4)ILR(Ker)46
..... act. here again upholding that power of the tribunal, the court held thus: "it is a firmly established rule that an express ..... to make such legislation effective are included by implication (3rd edition, vol. 3, page 19)." 8. subsequently, in income-tax officer, cannanore v. m.k. mohammed kunhi (air 1969 sc 430) the apex court had to consider whether the appellate tribunal constituted under the income tax act had the power to grant stay even in the absence of any provision to that effect in the ..... itr 815 and dharmadas v. s. t. a. t. (1962 klt 505 (fb))". thus, law is well settled that even in the absence of any express provision in the act, the statutory tribunals are endowed with such ancillary and incidental powers ..... statutory construction, third edition, articles 5401 and 5402). where an act confers jurisdiction, it impliedly also grants the power of doing all such acts or employing such means, as are essentially necessary to its' execution. see maxwell on interpretation of statutes, eleventh edition at page 350. this passage is quoted with approval in income tax officer, cannanore v. m. k. mohammed kunhi (1969) 71 .....Tag this Judgment!
Court : Kerala
Decided on : May-21-2012
Reported in : 2012(3)ILR(Ker)118; 2012(3)KLT805
..... high court of assam, reported in [1996 222 itr 691] (cited supra) is useful, though the same pertains to the provisions under the income tax act. true, it was a case where the penalty proceedings were finalised imposing the penalty under section 271a for not maintaining the books of accounts and ..... , taking the choice of construction which is favourable to the assessee, as held by the apex court in (1973) 1 scc 442 (the commissioner of income tax, west bengal vs. m/s. vegetables products ltd.). 20. in the above circumstance, this court finds that the petitioner is entitled to succeed. it ..... the relevant provisions, choice of construction shall be taken which is favourable to the assessee, as held in [(1973) 1 scc 442 (the commissioner of income tax, west bengal vs. m/s. vegetables products ltd.). 10. from the discussions made above, it is to be noted that, the factum of opting ..... placed on the decision rendered by this court in m.k. pushparanjini, chikkus wood crafts vs. the sales tax officer and others [(2003) 11 ktr 527 (ker.)] and in surajmal parsuram todi vs. commissioner of income tax[(1996) 222 itr 691] (gauhati bench). it is also contended that the general provision (section ..... by the third respondent, the second respondent reopened the assessment for the years 1998-99, 1999-2000 under section 19(1) of the act, fixing the tax liability accordingly. after approaching the first appellate authority, the petitioner approached the tribunal as well, by way of second appeal, which led to .....Tag this Judgment!
Court : Kerala
Decided on : Mar-27-2012
..... respondent is a banking institution which has incurred expenditure for earning income that is exempt from payment of tax and do not constitute part of the total income assessable under the income tax act, 1961 (hereinafter referred to as the act for short). section 14a of the act is a new provision introduced in the income tax act by finance act, 2001 with retrospective effect from 01/04/1962 under which expenditure ..... total income is not an allowable deduction. even ..... incurred by the assessee for earning income which does not form part of .....Tag this Judgment!