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 : 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 : 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 : 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 : 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 : Jul-10-2012
Reported in : 2012(3)KLT497
..... in cases where the computation of the total income is made in terms of section 115jb of the it act. 5. article 3(iii)(c) of the cf act, inserted by act 2 of 2003 reads as follows: (c) from an order of the appellate tribunal under the income tax act, 1961 or the wealth tax act, 1957,- (a) where the total income of the assessee as computed by the assessing ..... officer, in the case to which the appeal relates is one lakh rupees or lessfive hundred rupees.(b) where such income exceeds one lakh rupees but not exceed two lakh rupeesone thousand and ..... income tax under section 260a of the income tax act, 1961, for short, the it act, is marked defective for the reason that only rs.500/- is paid as court fee and that court fee is leviable on the memorandum of appeal under article 3(iii)(c)(c) of schedule ii of the kerala court fees and suits valuation act, 1959, for short, the cf act, since the total income ..... certain companies. it provides that notwithstanding anything contained in any other provision of the it act, where in the case of an assessee, being a company, the income tax payable on the total income as computed under the it act in respect of the previous year relevant for the assessment year commencing on or after the first day of april, 2001 is less than 7 % of its .....Tag this Judgment!
Court : Kerala
Decided on : Jun-13-2012
..... petitions have been filed with the prayer to quash the assessment orders passed by the respondent under section 144 read with sections 153c and 153a of the income tax act 1961 (hereinafter referred to as the act for short) for the assessments years 2003-04 to 2009-10. 2. issues raised in these writ petitions being connected these cases were heard together and are ..... letter reads thus; from dr. k.m. mehaboob, baywatch, west hill, calicut. to the asst. commissioner of income tax, circle 2(1), calicut. dear sir, sub: income tax asst. year 2003-2004 to 2008-2009 notice u/s. 153a (a) r.w.s 153c of the income tax act regarding. ref: your notice no.adtpm0486e dated 16.03.2010. kindly refer to your above notice. i shall ..... documents produced therein. 3. according to the petitioner, he had received ex.p9 summons dated 26.03.2009 issued under section 131 of the act from the assistant director of income tax (investigation). mangalore requiring him to appear at the income tax office, mangalore on the 25th april 2009 with various details and documents. petitioner submits that thereupon, he made enquiries and came to know ..... . 11. it is stated that in the aforesaid circumstances, the assessments for the years 2003-04 to 2009-10 were completed under section 144 of the act, with the prior approval of the joint commissioner of income tax, calicut, vide his order dated 29.12.2010. according to the respondent, the assessment orders were despatched to the petitioner by speed post on 30 .....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-29-2012
Reported in : 2012(3)KLT79(SN)(C.No.84)
..... both the appeals filed by the revenue are against common order issued by the tribunal cancelling a block assessment completed against the respondent under section 158bd of the income tax act (hereinafter called "the act") on the ground that the assessing officer before issuing notice for assessment did not record reasons and that the assessment is also barred by limitation. we have ..... block assessment confirmed in first appeal for the reason that assessing officer has not recorded reasons for issuance of notice for assessment under section 158bd of the income tax act (hereinafter called "the act"). we notice that the tribunal held in favour of the assessee following their order in appeal in the case of m/s.panchajanyam management agencies case ..... wherein also similar issue arose for consideration. however, senior counsel appearing for the revenue referred to the judgment of this court in commissioner of income tax vs. panchajanyam management agencies ..... be considered is limitation claimed by the assessee and accepted by the tribunal. counsel for the assessee relied on decision of the punjab and haryana high court in commissioner of income tax vs. parveen fabrics (p) ltd. reported in (2011) 198 taxman 463 wherein the punjab high court held that simultaneous with section 158bc-assessment initiated against the searched .....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!