Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 17 income tax authotities Court: andhra pradesh Page 2 of about 1,155 results (0.212 seconds)

Nava Bharat Ferro Alloys Limited and Raasi Cement Limited Vs. A.P. Sta ...

Court : Andhra Pradesh

Reported in : AIR2002AP493; 2002(4)ALD34; 2002(5)ALT530

..... . in that case, having regard to the clear intendment of the law-maker reflected in the proviso to sub-section (2) of section 42 of the kerala agricultural income tax act, 1957, the court held that during the period of stay, the assessee cannot be said to be in default, and consequently no penalty can be imposed for ..... no. 32.2.1 cannot be applied. the judgment of the apex court in the above case is besides the point. in that case, the agricultural income tax officer, completed assessments under the provisions of kerala agricultural income tax act, 1957, against which the assessee filed appeals. on the assessee's applications, the assistant commissioner, the appellate authority, stayed recovery of ..... from him is operating and is liable to pay penalty. the apex court, on examination of the provisions of section 41 and 42 of the kerala agricultural income tax act, 1957, in paragraph 6, held-section 42 speaks of an assessee in default. the question, therefore, is : can an assessee be said to be .....

Commissioner of Income-tax Vs. Navabharat Enterprises Pvt. Ltd.

Court : Andhra Pradesh

Reported in : (1987)63CTR(AP)187; [1987]165ITR603(AP)

..... facts and in the circumstances of the case, the assessee is entitled to deduction under section 37 of the income-tax act, 1961, in respect of the sum of rs. 1,04,155 being interest paid to the bank on medium and short-term agricultural loans (2) whether, on the facts and in the circumstances of the case, the assessee is entitled to deduction ..... the income-tax act. according to the assessee, it acquired the said lands with the intention of carrying on research and development in tobacco cultivation, and that inasmuch as part of the land was not found suitable for tobacco cultivation, other crops were raised. the income-tax officer negatived the claim holding that the loans were taken for developing agricultural lands and inasmuch as the income from .....

Commissioner of Income-tax Vs. Mohd. Khaleel

Court : Andhra Pradesh

Reported in : [1991]188ITR449(AP)

..... of land used for agricultural purposes amounts to 'agricultural income' and hence no income-tax can be levied. learned standing counsel for the income-tax department has contended that, in order to get over the decision of this court, and explanation has been added to section 2(1a) of the income-tax act by the finance act of 1989 with retrospective ..... arising out of sale of agricultural land of the assessee situate within a distance of 8 kms. from the limits of notified municipality or municipal corporation is agricultural income not chargeable to income-tax having regard to the explanation to section 2(1a) of the income-tax act introduced by the finance act of 1989 with retrospective effect ..... notified municipality is not a capital asset within the meaning of the terms as contained in section 2(14) of the income-tax act?' 2. it is seen from the order of the income-tax appellate tribunal that the tribunal followed the decision of this court in j raghottama reddy v. ito : [1988]169itr174(ap .....

Officer-in-charge (Court of Wards) Paigah, Vicar-ul-umra, Hyderabad Vs ...

Court : Andhra Pradesh

Reported in : AIR1969AP345; [1969]72ITR552(AP)

..... for consideration. in that case their lordships were mainly concerned with the expression 'agricultural income' as defined in art. 366(1) of the constitution and in section 2(1) of the indian income-tax act, xi of 1922. in determining what was 'agricultural income', their lordships had to consider the meanings of the expressions 'agriculture' and 'agricultural purpose'.15. in the context, bhagwati j., who spoke for the court ..... sales of trees from his forest which was of spontaneous growth and not grown by the aid of human skill and labour, was 'agricultural income' and as such exempt from payment of tax under section 4 (3) (viii) of the indian income-tax act and it was held that it was not 'agricultural income'. it is pertinent to note that in this case, the connotation of the expression .....

Boggavarapu Peda Ammaiah Vs. Commissioner of Income-tax, Andhra Prades ...

Court : Andhra Pradesh

Reported in : [1964]54ITR578(AP)

..... the correct one. the process ordinarily employed by a cultivator must, in our opinion, mean one in ordinary use amongst cultivators generally, and the income-tax act, so far as agricultural income is concerned, only relieves the producer from liability to income-tax so long as he is a bona fide agriculturist carrying on that business in the ordinary course of good husbandry.'if we apply this ..... decided by a special bench of the patna high court that the whole of the profits derived from the manufacture of fibre was 'agricultural income' within the terms of the indian income-tax act and such was exempt from assessment to tax.that case has no analogy here for the reason that the cultivator of aloe plant had no convert it into sisal fibre to render .....

Andhra Pradesh State Seed Certification Vs. the Chief Commissioner of ...

Court : Andhra Pradesh

..... 10 along with crop-wise revenues calculated for the crop year 2009-10 separately.11. he also relied upon the judgment in commissioner of income tax vs. agricultural market committee2, director of income tax (exemptions) vs. institute of chartered accountants of india3 and institution of chartered accountant of india vs. the director general of ..... finance on 29-02-2008 while proposing amendment to the term "charitable purpose" defined in section 2 (15) of the income tax act which was subsequently passed by the parliament vide the finance (no.2) act, 2009 (act 33 of 2009) by section 3 (a) (with retrospective effect from 01-04-2009. in the said speech, it ..... amend the law to exclude the aforesaid cases. genuine charitable organizations will not in any way be effected." a proviso to clause (15) of section 2 of the income tax act, 1961 which defines the term "charitable purpose" to the following effect was added by way of amendment: "(15) "charitable purpose" includes ... provided that the .....

State of Andhra Pradesh Vs. Ratna Sree Box Makers

Court : Andhra Pradesh

Reported in : [1989]75STC82(AP)

..... (sc) the supreme court construed section 26 of the bihar agricultural income-tax act, 1938 which is as follows : 'if for any reason any agricultural income chargeable to agricultural income-tax has escaped assessment for any financial year, or has been assessed at too low a rate, the agricultural income-tax officer may, at any time within one year of the ..... to escaped turnover contain the words 'for any reason' just as in section 26 of the bihar agricultural income-tax act. hence it cannot be held that the supreme court while construing section 26 of the bihar agricultural income-tax act in maharajadhiraj sir kameshwar singh v. state of bihar : [1959]37itr388(sc) in giving wider meaning ..... a deliberate action. the said view of the high court was approved by the supreme court in the above decision. 16. but, in the bihar agricultural income-tax act, there is no provision conferring power upon the assessing authority to reopen the assessment. further, in state of kerala v. m. appukutty [1963] .....

Ch. Atchaiah Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : (1984)42CTR(AP)127; [1985]156ITR78(AP)

..... nature of trade. it was further held that the expression 'in the nature of trade' appearing in the definition of 'business' in s. 2(4) of the income-tax act postulates the existence of certain elements in the adventure which invest it with the character of trade or business; and that would make the question whether a transaction is ..... treated the said amount of rs. 43,887 as the income of the appellant for the assessment year 1948-49, and assessed it to income-tax under the head 'business' on the ground that there was no evidence to show that the appellant had purchased the said lands for agricultural purposes or that it had acquired them as an investment. ..... that they have no doubt that the assessee purchased the land with the sole object of making a profit and that the contention that it was an isolated transaction in agricultural land and as such the question of 'adventure in the nature of trade', did not arise, is unsustainable. aggrieved with the order, the assessee filed an application .....

Mercantile Tobacco Corporation Vs. Commissioner of Income-tax, Andhra ...

Court : Andhra Pradesh

Reported in : [1965]57ITR483(AP)

..... -barred after it was admitted is one falling under section 31 and not under section 30(2) of the act. the madras high court in commissioner of income-tax v. shahzadi begum and the calcutta high court in gour mohan mullick v. commissioner of agricultural income-tax have gone further and held that a dismissal of the appeal by the appellate assistant commissioner on the ground ..... of limitation at whatever stage was one which fell under section 31 of the act. the punjab high court in dewan chand v. commissioner of income-tax no doubt held that any dismissal of an appeal .....

P. Vs. G. Raju, Rajah of Vizianagaram V. Commissioner of Income-tax, A ...

Court : Andhra Pradesh

Reported in : [1967]66ITR122(AP)

..... 551 of 1960-61.'1. whether the income from the market properties is assessable in the hands of the assessee under section 10 of the income-tax act and2. whether the income from the building called fort is agricultural income within the meaning of section 2(1) (c) of the income-tax act and accordingly exempt ?'the assessee is the ..... rajah of vizianagaram and a big landlord. as the sole owner of the income of an impartible estate he was being assessed to income-tax as ..... , answer the first question in the negative.now coming to the second question, viz., whether the income from the building called 'fort' is agricultural income within the meaning of section 2(1) (c) of the income-tax act and accordingly exempt, it is common ground that complete exemption was being allowed in relation to the .....