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Judgment Search Results Home > Cases Phrase: income tax act Court: kerala Year: 2012 Page 4 of about 72 results (0.026 seconds)

Feb 23 2012 (HC)

The Commissioner of Income Tax, Kottayam Vs. M/S. Extra Weave, Alappuz ...

Court : Kerala

Decided on : Feb-23-2012

..... in allowing deduction of canvassing commission paid in the determination of export turnover for the purpose of deduction under section 10b of the income tax act (hereafter referred to as the act for short). 2. the assessee is a 100% export oriented unit engaged in manufacturing and export of coir products by using synthetic ..... exchange in providing the technical services outside india;" 5. relying on the decision of the karnataka high court in commissioner of income tax and another v. infosys technologies limited, reported in 246 ctr (kr) 371 and the decision of the honourable supreme court in continental construction ltd. v ..... even though "technical service" as such is not defined under section 10b, it is given meaning under explanation 2 to section 9(vii) of the act, from which it is clear that it has only literal meaning under the statute. of course in the decision relied on by the learned senior standing ..... extract hereunder the said section with the definition clause of "export turnover" contained in clause (iii) of explanation 2 to section 10b(9a) of the act. "10b(4) : for the purposes of sub-section (1), the profits derived from export of articles or things or computer software shall be the amount ..... since the assessee has dta sales, the eligible export profit for deduction has to be worked out in terms of section 10b(4) of the act, which provides for working out proportionate profit on export turnover from the total profit. there is no dispute on the total profit or on the .....

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Mar 12 2012 (HC)

Kerala Financial Corporation, Rep. by Managing Director Vs. the Assist ...

Court : Kerala

Decided on : Mar-12-2012

ramachandran nair, j. 1. the question raised is only with regard to the validity of reassessment completed under section 147 to disallow provision for bad debts. on merits, the appellant has no dispute that the provision is not allowable. further, whatever is the bad debt claimed and disallowed, it can be claimed as and when the provision now created becomes real bad debt. 2. after hearing appellant's counsel and on going through the tribunal's order, we do not find any ground to interfere with the tribunal's order with regard to the validity of the reassessment completed under section 147 because under the amended provisions, all what is required is sufficient reason for the assessing officer to initiate proceeding to bring to tax escaped income which includes any allowance wrongly allowed in the original assessment. provision for bad debt is allowable only for banks subject to conditions provided therein and no financial institution like the appellant is entitled to claim the provision and admissible deduction is on actual bad debt written off. 3. therefore, we do not find any merit in the i.t.a and the same is accordingly dismissed.

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Feb 10 2012 (HC)

The Commissioner of Income Tax Vs. A.H. Khais

Court : Kerala

Decided on : Feb-10-2012

..... however, the addition of rs.2,20,959/- for 1994-95 deserves to be considered because evidence available by way of realisation statement clearly establish undisclosed income received by the assessee. the clear finding is that the realisation statement recovered from the assessee's premises with the same date showed recovery of rs.1 ..... rs.1,69,532/- being the amount declared by the assessee in the return filed. the addition of rs.2,20,959/- is the undisclosed income from this film attributable for the assessment year 1994-95. the first appellate authority as well as the tribunal deleted the addition by merely stating that ..... form of realisation statement from the premises of another partner namely, sri.a.m.fazil who is assessee's brother. the addition relates to 40% share income which the respondent-assessee is entitled to as partner of the firm m/s.khais productions, wherein assessee's brother sri.a.m.fazil has 20% ..... there is no corroboration from the assessee. we are unable to uphold the order of the cit(appeals) or the tribunal confirming it because the distributor who is the author of the realization statement recovered from the assessee's premises gave clearcut statement ..... ramachandrannair, j. 1. this is an appeal filed by the revenue against the order of the tribunal confirming the cit(appeals) order cancelling block assessment made on the respondent-assessee. we have heard senior counsel sri.p.k.r.menon appearing for the .....

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Mar 12 2012 (HC)

M/S. Mgf Motors Ltd. Vs. State of Kerala

Court : Kerala

Decided on : Mar-12-2012

..... manufacturer or from other sources, and then forward the warranty claim to the manufacturer, who issues credit note for the sale price along with the tax, if claimed by the petitioner. so far as the petitioner is concerned, the position is that the transaction is purchase and resale, and even though ..... , the cost of the parts replaced during warranty period should be taken to have been covered by the original value of the vehicle on which tax is paid. learned government pleader resisted the claim of the petitioner by stating that, on facts, the transaction is a pure sale because manufacturer ..... from other parties and not from the manufacturer of the vehicle; and in that context only the supreme court held the transaction as sale attracting tax. according to the learned counsel for the petitioner, manufacturers are bound to replace parts of vehicle free of cost during warranty period, and so much ..... the replacement of parts of automobile during warranty period without collecting any price for the same from the vehicle owner amounts to sale that attracts sales tax. 2. we have heard learned counsel for the petitioner and also learned senior government pleader for the respondent. 3. the issue stands covered against ..... the petitioner by the decision of the supreme court in mohd. ekram khan and sons v. commissioner of trade tax, u.p., reported in 136 stc 515. however, the learned counsel for the petitioner relied on the single bench decision of the rajasthan high .....

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Feb 29 2012 (HC)

C.P. Abdurahiman Vs. Commissioner of Income Tax

Court : Kerala

Decided on : Feb-29-2012

..... income tax v. p. mohanakala (2007) 291 itr 278(sc) and confirmed the assessment against which this appeal is filed. 3. after hearing the ..... worthiness, genuineness and capacity of the donors. consequently the unexplained cash credits were treated as unaccounted income and assets in the hands of the assessee. on appeal by the assessee the tribunal relied on the decision of the division bench in sandeep kumar v. commissioner of income tax (2007) 293 itr 294 and decision of the hon'ble supreme court in commissioner of .....

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Mar 26 2012 (HC)

Commissioner of Income Tax Vs. M/S. Karinos Weave Private Limited

Court : Kerala

Decided on : Mar-26-2012

..... of one company. when the appeal of the holding company was heard, learned senior counsel appearing for the assessee after taking instructions from the subsidiary company submitted that in the income tax appeal that was pending against the assessment of closing stock of the subsidiary company, they will not press that ground thereby accepting the closing stock of that company to be ..... is for the assessing officer to reconsider the matter afresh and if the appellant has grievance, the appellant is free to challenge the same in another round of appeal. these income tax appeals are allowed as above.

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Mar 01 2012 (HC)

The Commissioner of Wealth Tax, Thiruvananthapuram Vs. Associated Indu ...

Court : Kerala

Decided on : Mar-01-2012

..... bombay high court in cit v. roshanbabu mohammed hussein merchant [275 itr 235], the senior counsel for the revenue contended that the debt incurred by the assessee to its ..... from the directors for releasing mortgage which the bank had over the assessee's property is allowable deduction in the determination of net wealth under 2(m) of the wealth tax act. we have heard senior counsel sri.p.k.r.menon appearing for the revenue and m/s. menon and pai, represented by adv. mr.a.k. jayasanker nambiar, for respondent ..... the purpose of computation of capital gains. in our view, these decisions have no application to consider the scope of section 2(m) of the wealth tax act. 6. the position canvassed on behalf of the revenue is that debt was incurred for the purpose of arranging working capital and it is not for acquiring land for the ..... net wealth as on that date under this act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date which have been incurred in relation to the said assets." 5. relying on the decision of the supreme court in rm.arunachalam v. commissioner of income tax [227 itr 222] and the decision of the .....

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Dec 20 2012 (TRI)

The Kerala State Electricity Board, R/by Its Secretary, Vydyuthi Bhava ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Dec-20-2012

..... lt-vi-a tariff applies to temples, churches, mosques, monasteries, premises of religious worship convents, private hospitals, registered under the cultural, scientific and charitable societies act and exempted from payment of income tax. government or private educational institutions, libraries, readings rooms affiliated to universities or run by government or private, government hospitals x-ray units and laboratories attached to government ..... weaving school etc. hence the organization not being a place of religious worship should have been registered under the cultural, scientific and charitable societies act. further it should be exempted from payment of income tax. neither of these 2 conditions are satisfied in this case. so the complainant really does not fall within lt-vi-a tariff as found ..... was a charitable institution. the finding was that it was an institution of public nature for religious purpose and that too for the purpose of the kerala land reforms act, 1963. it is seen from ext.a8 that based on the government decision, the revenue divisional officer, kottyam closed the case against the complainant in the changanassery ..... consumed by the complainant, question of limitation does not arise and the 3rd opposite party has every right to issue bill for the energy supplied. there was no illegal act committed by the opposite parties. hence the opposite parties prayed for dismissal of the complaint. 3. this complaint has a chequered history. initially the forum recorded oral .....

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Apr 13 2012 (HC)

Krishna @ Chandrakanth Vs. State

Court : Kerala

Decided on : Apr-13-2012

..... were found guilty of conspiracy. as against a2 and a3 direct evidence was available. as against a1 only circumstantial evidence was available. he (a1) was an income tax officer and a2 and a3 were lower officials acting under him. it was contended by the prosecution that they were conspirators and the conspirators had allegedly, in furtherance of their conspiracy, siphoned out amounts from ..... expression "proved" in section 3 of the evidence act (the act hereinafter) apply to all facts - facts in issue and relevant facts, whether sought to be proved by direct evidence or circumstantial evidence? vi) do the observations of the constitution ..... adjudication of guilt, argues the learned counsel. 3. sri. blaze points out the scholarly opinion (with which he respectfully disagrees) of hon' ble justice u.l. bhatt, the former acting chief justice of this court, former chief justice of the guwahati and madhya pradesh high courts, honorary professor of the national judicial academy, bhopal and a great jurist of our ..... basic facts? iv) can the insistence on proof beyond reasonable doubt in a criminal case be justified by the definition of the expression "proved" in section 3 of the evidence act? is such insistence alien to such definition and justified (or imported into indian criminal law) only by binding precedents of superior courts? v) does not the definition of the .....

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Jan 12 2012 (HC)

The Assistant Provident Fund Commissioner, Employees Provident Fund Or ...

Court : Kerala

Decided on : Jan-12-2012

..... subordinate authority is to challenge the decision of a superior a authority, that would be an unwholesome state in areas of quasi judicial functions. in bhopal sugar industries v. income tax officer, air 1961 s c 182, the supreme court held that when a subordinate authority in the hierarchy does not adhere to, or abide by the decision of a ..... petition was heard extensively today. sri e.k.nandakumar, learned counsel appearing for the second respondent contended relying on the decisions of the apex court in bhopal sugar industries v. income tax officer (air 1961 sc 182), mohtesham mohd. ismail v. special director, enforcement directorate and another, (2007 (8) scc 254), the decisions of this court in divisional forest officer ..... tribunal, the divisional forest officer constituted under the act. 7. in coming to the said conclusion, the learned single judge placed reliance on the decision of the apex court in bhopal sugar industries v. income tax officer (supra) wherein it was held that the income tax officer whose order has been interfered with by the income tax appellate tribunal is bound to carry out the ..... carry out the directions issued by the income tax appellate tribunal. 8. the very same view was reiterated by another learned single judge of this court in district executive officer v. state of kerala (supra) wherein it was held that the district executive officer functioning under the kerala motor transport workers welfare fund act,1985 cannot challenge the appellate order passed .....

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