Kerala High Court

Interest under section 234A, B and C are mandatory in nature and no discretion is vested in the Assessing Officer

Dr. R. P. Patel Vs CIT (Kerala High Court)

Question Nos. 10 and 11 pertain to assessee's challenge against levy of interest under section 234B of the Act for non-payment of advance tax. The assessee has relied on the decision of the Supreme Court in CIT V. RANCHI CLUB LTD., 247LT.R, 209 and decision of the Delhi High Court in CIT v. INCHCAPE INDIA (P) LTD., ...

Read More

What is to be assessed as income from lottery is only the actual income received and not any notional income

M. K. Raghu Vs ACIT (Kerala High Court)

Even though standing counsel for the department contended that if the Director of Lottery has made unauthorised deduction it is for the assessee to pursue his remedy elsewhere, we do not think that the assessee can be expected to recover this amount through the litigation against the State Government On the other hand we feel that if the...

Read More

Assessee can not claim Indexation benefit on Indira Vikas Patra (IVP) on receipt of payment of the same

Dr. R. P. Patel Vs CIT (Kerala High Court)

Question Nos. 2 to 6 pertain to one and the same issue, that is, whether IVP is a capital asset or not. It is seat from the orders of the Tribunal that investment in IVP is assessed in the case of the assessee as unexplained investment only to the extent of fresh investment made in the respective year and reinvestment after encashment of...

Read More

Assessee maintaining books of accounts only can claim deductions, allowances and rebates provided in-the Statute

Dr. R. P. Patel Vs CIT (Kerala High Court)

The first question pertains to disallowance of assessee's claim of deduction on salary paid to doctors, staff and depreciation for car, furniture, etc. in the determination of professional income of the assessee. The assessee's grievance is that the Tribunal rejected the claim for the reason that the claim was made for the first time befo...

Read More

Making and sale of advertising materials for customers is advertisement service liable for service tax

CCE & C Vs Zodiac Advertisers (Kerala High Court)

The making and sale of advertising materials for customers in the form of banner or hoarding or film-slide, etc. is `advertisement' as defined under section 65(2); all commercial concerns engaged in any of the activities connected with advertisement, which includes making, preparing, displaying or exhibition of advertisement, answer the d...

Read More

Imposition of penalty solely on the basis of surrender not sustainable

Commissioner Of Income-Tax Vs M. George & Brothers (Kerala High Court)

Hon'ble Kerala High Court in the case of CIT v. M. George & Bros. [1986] 160 ITR 511 held that where the assessee for one reason or the other agrees or surrenders certain amounts for assessment, the imposition of penalty solely on the basis of the surrender will not be well-founded....

Read More

Additional Income-Tax Officer vs Ponkunnam Traders (Kerala High Court)

Additional Income-Tax Officer Vs Ponkunnam Traders (Kerala High Court)

The appellants are the Additional Income-tax Officer and the Commissioner of Income-tax (the revenue); and the respondent, Ponkunnam Traders, a firm, is the assessee. The judgment under appeal is reported as Ponkunnam Traders v. Addl. Income-tax Officer, Kottayam, [1972] 83 ITR 508 (Ker). Since the question involved is fairly simple, ...

Read More

Browse All Categories

CA, CS, CMA (4,288)
Company Law (5,002)
Custom Duty (7,380)
DGFT (3,997)
Excise Duty (4,257)
Fema / RBI (3,832)
Finance (4,009)
Income Tax (30,748)
SEBI (3,191)
Service Tax (3,470)